PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
THIS WEBSITE USE AGREEMENT APPLIES TO THE WEBSITE LOCATED AT www.Thankster.com (“This Website”).
If you do not agree to the terms of this Agreement, you must immediately stop the use of This Website. If you remain on This Website, you agree to be bound by this Agreement.
The materials provided herein are for personal, noncommercial use only, and you may not copy or print more than one copy of material posted on This Website.
Documents published by Thankster on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by Thankster or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent, or other intellectual property rights of Thankster or any third party. Except as expressly granted under this Agreement, all rights are reserved by Thankster.
You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of Thankster. You may not use any meta tags or any other “hidden text” utilizing Thankster s name or trademarks without the prior express written consent of Thankster. You may not use Thankster s domain name as a pseudonymous return e mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without Thankster s prior consent, which consent may be withdrawn by Thankster at any time, with or without notice, in Thankster s sole discretion.
Unless otherwise indicated, the Offerings and all content, and other materials on or available on or through the Offerings, including, without limitation, directory listing data, the Thankster.com logo, and all designs, text, graphics, pictures, information, data, sound files, software and files, and the selection and arrangement thereof (collectively, the Materials ) are proprietary to Thankster or its affiliates or licensors, and are protected by the U.S. and international copyright laws. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a revocable, personal, non-exclusive, no assignable and nontransferable license for personal, non-commercial purposes, except where explicitly provided otherwise, to (i) access and use the Offerings, (ii) cause the Materials to be displayed from a single computer or mobile device and (iii) use the Materials, solely as permitted under this Agreement (the License ). Thankster and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
In order to access to certain Offerings, you may be asked to create a user account (an Account ). In connection with this Account, you must provide certain information ( Registration Data ) and answer all inquiries marked required. You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Thankster may contact you and require you to confirm some or all of your Registration Data before using certain Offerings. We reserve the right to terminate the License and to refuse to provide you with any and all current or future use of the Offerings if in our sole discretion, we determine that any of your Registration Data is, or, in our opinion, appears to be, untrue, inaccurate, not current or incomplete.
You will comply with all applicable laws, including without limitation, U.S. export control laws, applicable to your use of the Offerings and Materials.
You will not use the Offerings or Materials for other than their intended purpose; engage in any unauthorized use of the Offerings or Materials (including, without limitation, political campaigning, advertising, marketing, solicitations, promotions, resale or other commercial uses); transmit or otherwise make available any content that: (i) you do not have the right to provide or transmit using the Offerings or (ii) may expose Thankster or its affiliates, licensors, or users to any harm or liability; transmit or otherwise make available any data or materials 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; copy any portion of the Offerings or Materials or any underlying content or source code; reverse engineer, disassemble or decompile any portion of the Offerings or Materials, or otherwise attempt to discover or re create the source code to any software; distribute the software or source code behind the Offerings or Materials to any third party; make any modification, adaptation, improvement, enhancement, translation or derivative work of or to any portion of the Offerings or Materials; remove, alter, or obscure any copyright or other proprietary notices of Thankster or its affiliates or licensors in any portion of the Offerings or Materials; obscure or disable any advertisements that appear on or through the Offerings; use any type of automated means to utilize the Offerings or Materials;
access without authorization any networks, systems, or databases used in providing the Offerings, or to access or use any information therein for any purpose; violate any requirements, policies, procedures or regulations of any network connected to the Offerings; interfere with or disrupt the use and enjoyment by others of the Offerings or the Materials; falsely state, impersonate, or otherwise misrepresent your identity; use the Offerings or Materials in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person; use the Offerings or Materials in any manner that exposes the Company to any harm or liability of any nature; or use the Offerings or Materials in violation of any federal, state, or local law, rule, or regulation, whether now existing or enacted in the future.
The Thankster name and logo, the Thankster.com marks, and all other related product and service names, design marks andslogans are trademarks, service marks or registered trademarks of Thankster or its affiliates and may not be used in any manner without the prior written consent of Thankster or the Thankster affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.
Thankster is under no obligation to monitor the information residing on or transmitted to This Website. However, anyone accessing This Website agrees that Thankster may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. Thankster reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. This Website and any Third Party Site (defined below) may contain content provided by advertisers or other third parties that may not be suitable for children. Thankster asks parents or legal guardians to assist Thankster by supervising the activities of children at This Website. Thankster does not knowingly collect personal information from children through This Website.
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
Thankster ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR
OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL Thankster OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW), (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER Thankster HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on This Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN AS IS BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
Thankster AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NO ADVICE OR INFORMATION GIVEN BY Thankster, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER Thankster NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL comPONENTS, AND (B) NEITHER Thankster NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION
OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR
AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE
CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY
PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON
OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT,
THIS SECTION SHALL GOVERN.
You agree to hold harmless, defend and indemnify the Thankster Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys fees), that are due to, arise from or otherwise relate to your conduct or your use or misuse of any of the Offerings or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Thankster Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of any covenant, representation or warranty in this Agreement; (iii) your use of any of the Offerings or Materials; or (iv) any content that you store on or transmit through the Offerings. Thankster may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Thankster in such event.
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Thankster. Product and service information is the sole responsibility of each individual vendor.
Some of the sites to which you may link from This Website are not owned by Thankster (collectively, “Third Party Sites”). Some Third Party Sites may contain the trademarks or “branding” of Thankster. You can tell if you have linked from one site to another site by looking at the URL in the browser window (or, if the link opens a new browser window, by looking at the URL found by “right clicking” on the page in the window and selecting “properties”). If the second level domain of the URL for the page containing the link is different than the second level domain of the URL for the page to which you have linked, you have linked to a different site. Please note that any of Thankster s trademarks or service marks (e.g., Thankster, , etc.) may be included in the URL of a co branded or private label site that is owned and operated by a third party, in a location other than that occupied by the second level domain (e.g., as the third level domain). Third Party Sites may include, without limitation,
Third Party Site before you use such Third Party Site.
You agree that you will comply with any security processes and procedures (such as passwords) specified by Thankster with respect to access to or use of This Website. Further, you agree not to access or attempt to access any areas of or through This Website which are not intended for general public access, unless you have been provided with explicit written authorization to do so by Thankster. You agree that you will not disrupt the functioning of This Website or otherwise act in a way that interferes with other users use of This Website.
Thankster reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the Website Use Agreement link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them.
Thankster has the right to terminate, suspend or restrict your access to This Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This Website.
Thankster also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.
You agree, at your own expense, to indemnify, defend and hold Thankster (and its subsidiaries, officers, directors, agents, employees service providers and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, Thankster s exercise of its rights with respect to such information), (c) your publication or use of any user review displayed on This Website, or (d) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
User Provided Content” means information, content and other material that any user of This Website submits or otherwise provides to Thankster (including but not limited to fonts, feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides Thankster with User Provided Content, such User Provided Content will be deemed to be non confidential, and Thankster assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).
You grant Thankster and its affiliates the absolute, perpetual, irrevocable, transferable, royalty free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to Thankster, in whole or in part, in such manner, format and media as Thankster may see fit in its sole discretion and for such purposes as Thankster may see fit in its sole discretion, without compensation to you, and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to Thankster in this paragraph, subject to such terms and conditions as Thankster may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to Thankster will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by Thankster for any purpose whatever.
You represent and warrant that you have the right and authority to grant Thankster the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by Thankster or its sublicensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content (including, without limitation, user reviews), you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you, (c) all such User Provided Content is accurate, (d) you are at least 18 years old, and (e) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through, This Website any information, content or other material (including, without limitation, user reviews) that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity, (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation, or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that Thankster may, in its sole discretion for any reason, and without any prior notice or liability, delete any files that you may maintain at This Website, and any material you may choose to post here. You should keep a copy of any material that you maintain or post at This Website because Thankster will not undertake to retain copies of any material that Thankster or others may delete from This Website.
Any comments or materials sent to us, including, but not limited to, ideas, questions, comments, suggestions, feedback or the like regarding any Offerings or any other products or services of Thankster (collectively, Feedback ), is non confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
Thankster may allow you to create your own Cards by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornorgraphic, or illegal materials.
When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital eCard; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates systems and hereby expressly reserve the right to do so.
By purchasing photo cards or other paper products, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornographic, or illegal materials.
You also agree that in placing your order you accept the card as it appears on the screen. You also understand that Thankster takes no responsibility for misspellings, misalignment, typographical errors, or other user generated errors.
Please note that Thankster is not meant to be a photo storage service. As a result, we may not store photos for longer than 90 days, and we cannot guarantee the availability of photo storage, or of the quality or resolution of any photos we may have stored. Additionally, we may reduce the size or resolution of your photos in order to make them compatible with our processes.
For more information about Thankster practices with regard to photo storage, see the FAQ.
You are responsible to pay all fees and charges incurred through your purchase of any Products or Services at the rates in effect for the billing period in which such fees and charges are incurred. Thankster reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. Thankster does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non Subscription basis (individual downloads, shipped products, paper cards, per send iPad content, etc.) or promotional offerings are non refundable. For Subscription refunds see Subscriptions paragraph below.
All purchases include applicable taxes in effect at the time of purchase. No customers are eligible for tax exemptions for purchases made on this Site.
Non trial subscriptions
If you subscribe to become a Thankster Member (whether through the website, a mobile device, or other means) we will charge the applicable Membership fee to your payment method at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found at the end of this Agreement under Thankster Customer Support.
Your Subscription will automatically be renewed at the end of the Subscription term unless: (1) you cancel your renewal during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed.. Monthly memberships can be cancelled for the upcoming month, but no refund will be given for prior months. Notify us via our Contact or Feedback links on the site or via email at email@example.com to request a cancellation.
Thankster may revoke or terminate the License granted above in its sole discretion at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Offerings or Materials, or any other Thankster service, or (iii) use the Offerings or the Materials other than as specifically authorized in this Agreement, without our prior written permission
Thankster may discontinue, terminate, suspend or shut down the Offerings at any time and for any or no reason. We may give notice of such discontinuation, termination, suspension or shut down through any means, including, but not limited to, making such notice available on or through the Offerings or otherwise publicly proclaiming such discontinuation, termination, suspension or shut down. Upon any such action by Thankster, your License shall automatically terminate with respect to the affected Offerings and you must immediately stop using all affected Offerings.
The Site(s) may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Thankster.com has no obligation to monitor the Communication Services. However, Thankster.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Thankster.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Thankster.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Thankster.com s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Thankster.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Thankster.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Thankster.com spokespersons, and their views do not necessarily reflect those of Thankster.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
By posting, uploading, inputting, providing or submitting your Submission you are granting Thankster.com, its affiliated companies and necessary sublicensee s permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Thankster.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Thankster.com s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You and Thankster agree that the substantive laws of the state of New York, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND Thankster CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN NEW YORK, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE. Except as otherwise required by law, any cause of action or claim you may have with respect to This Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.
You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.
This Agreement (including all policies, notices and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and Thankster with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by Thankster as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by Thankster s President. Any terms varying from this Agreement in any written, electronic or other communication from you are void.
Notwithstanding anything to the contrary, this Agreement does not apply to any Advertiser Copy (as defined in any applicable Application for Directory Advertising, Application for Electronic Advertising, or On Line Application for Electronic Advertising or any Thankster provided addendum thereto) or other information, content or other material submitted or otherwise provided by you through This Website that is the subject of an Thankster provided pre printed agreement or a clickwrap agreement on a web site owned by Thankster (other than this Agreement).
You may not use the Offerings, Materials, or any name, trademarks or other intellectual property of Thankster in conjunction with the sending of unsolicited commercial email, nor may you cause any Thankster Web site, service, product, or equipment, network connectivity or other resources to originate, deliver, relay or otherwise transmit unsolicited commercial email messages. Further, you may not engage in any of the foregoing prohibited activities by using any other provider, third part agent, re mailing service, or address forwarding service in such a way that our intellectual property, network addresses orservices are in any way associated or likely to be associated with the sending of unsolicited commercial email. Otherprohibited methods of advertising or promoting your involvement with Thankster include, but are not limited to: (i) postings or transmissions of messages in violation of any published guidelines or specifications for the use of any service that allows you
to post or transmit messages; or (ii) multiple or otherwise abusive postings or transmissions of messages to Usenetnewsgroups, mailing lists, chat rooms, instant messaging programs, social networking sites or networks or other online forums. Please report any incidents of spamming or similar inappropriate behavior to Thankster immediately.
Thankster may, as a convenience to its users, make links to third party Web sites or resources available on or through the Offerings. Thankster is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third party Web sites and resources which may be accessed through the Offerings. In addition, Thankster does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such Web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such Web sites or resources.
Thankster may provide you notice of changes to this Agreement or any other matter by displaying notices to you generally through the Offerings or, at its option, by using any contact information you have provided to Thankster. You agree that notice by the foregoing means shall be deemed complete when transmitted by Thankster. All notices to Thankster (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
Attn: Legal Department
188 East 64th Street, Suite 2501
New York, NY 10065
Time Limitation on Claims and Causes of Action:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of the Offerings or Materials must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
The following Terms and Conditions shall further apply to the Spread Thankster functionality of Thankster.com and affiliated sites and applications. If there is any conflict between these Spread Thankster Terms and Conditions and the preceding Terms and Conditions, the preceding Terms and Conditions shall apply. Use Links Carefully. You may use your Thankster.com affiliate links anywhere on your web pages or to email the link address to friends. You may place banners or links within your newsletters, within the content of your website, or within other web-related
content. However, do not send unsolicited emails, or spam containing your affiliate link. In addition, do not submit your Thankster.com affiliate link address to any search engines (except if you have a special site that sells our forms). You are solely responsible for the consequences of sending unsolicited emails or news postings. Please don’ do this. The site may also be advertised offline in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions above.
Affiliate Tracking. When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time (within 30 days) and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
Zero Tolerance Spam Policy. Spam is defined as any unsolicited email whether commercial or non-commercial in nature.
Spam includes, but is not limited to email spam, fax spam and search engine spam. All affiliates are expected to adhere to a strict no-spam policy. If you run a newsletter, e-zine, or another kind of bulk email service, you must have evidence that people signed up to receive email from you. Spam complaints will be investigated thoroughly. Any affiliate that engages spam or in promoting prohibited products or services in connection with their site in any way shall have their affiliate account terminated and could lose any or all affiliate commissions due to them. The site owner also shall be held liable for any and all damages and/or losses that may result as a consequence.
How Commissions are Calculated. You earn a 20% commission on net revenues (defines as gross revenues fewer taxes and postage) minus 35 cents for purchases via your Thankster.com affiliate link.
Note: If Thankster.com must refund a customer purchase you received a commission for, the commission you earned for that purchase will be subtracted from future commission earnings. Refunds can occur due to various reasons such as fraud credit card purchases, suspicious orders, bank chargebacks, etc.
Currently, we pay affiliates their commissions using either PayPal or by checks once the earned amount exceeds $25.
Thankster.com reserves the right to modify the terms of commission structure and delivery at any time.
Keywords, Pay Per Click advertising, and domain names involving Thankster.com and variations thereof. You shall not purchase search engine keywords or domain names that use Thankster.com and/or certain variations and misspellings thereof.
You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word Thanskter.com or certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service, or other search or referral service.
Specifically, this policy prohibits You from:
• Bidding on Thankster.com s trademark, Thankster.com”, and any keyword string that includes this term; and
• Bidding on variations of Thankster.com s trademark;
• Purchasing domain names based on Thankster.com s trademarks or variations of Thankster.com s trademark;
• Purchasing Pay Per Click advertising containing Thankster.com s trademarks or variations of Thankster.com s trademark.
• If Thankster.com determines, in its sole discretion, that You have purchased or attempted to purchase Thankster.com keywords or domain names, or one of the three cited examples above, then Thankster.com may (without limiting any other remedies available to it) pursue any or all of the following actions:
• Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
• Remove You from the Thankster.com affiliate Program permanently; and/or
• Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.
Revocation of Affiliate Status. Your affiliate application and status in the program may be suspended or terminated for any of the following reasons:
• Inappropriate advertisements (False claims, misleading hyperlinks)
• Illegal spamming (mass email, mass newsgroup posting, etc.)
• Advertising on sites containing/promoting illegal activities
• Violation of intellectual property rights
• Inability to setup links or refer clients to Thankster.com (lack of performance)
Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify Thankster.com if your coded URL ceases to function or ceases to function properly.
Link. You may use the coded URL provided by Thankster.com via the available Thankster.com Link Library or in any other form you wish provided that your use of the URL is not in any way disparaging of Thankster.com or otherwise not appropriate or acceptable in Thankster.com’s sole opinion and judgment. You may not violate any copyright, trademark, or another intellectual property right of Thankster.com or any other party. You may not violate the Thankster.com General Terms of Service.
Customers of Thankster.com. Thankster.com will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for web hosting and related services shall be directly and solely between customers and Thankster.com. Thankster.com shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to any affiliate.
All statistics are collected and calculated by Thankster.com and will be the only valid stats used for determining commissions.
Self-referrals for affiliate or merchant accounts are strictly prohibited. You cannot refer to yourself as a Merchant with Thankster.com and receive a commission.
Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the Thankster.com Affiliate Program.
Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not transmit any information which is or might be considered to be defamatory or libelous.
Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene;
Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not violate any laws regarding unfair, anti-discrimination, or false advertising or the Thankster.com General Terms of Service.
Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not take any action which might promote violence or contain hate speech.
Damage Thankster.com. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and Thankster.com that you will not take any action that would in any way damage Thankster.com or otherwise compromise its servers or equipment including utilizing or otherwise transmitting at any time contain viruses, Trojan horses, worms, time bombs, cancelbot, or other similar harmful or deleterious programming routines.
No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY THANKSTER.COM PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT THANKSTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS, AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, THANKSTER.COM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL THANKSTER.COM BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME, OR INCORRECT LINKAGE UNDER THIS AGREEMENT.
LIMITATION OF LIABILITY. IN NO INSTANCE SHALL THANKSTER.COM BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER, CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT THANKSTER.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party’s liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification under Section 7.12 or (iv) either party s liability for death or personal injury or their own acts of fraud.
Indemnification. You agree to indemnify, defend and hold harmless Thankster.com and its affiliates, directors, officers, employees, and agents, harmless of and from any and all liability, losses, damages, injuries, or expenses (including attorney’s fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copywritten materials, License violation, domain misuse, trademark misuse, or any active or passive negligence.
Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
Choice of Laws /Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of New York. Any action to enforce this Agreement shall be brought in the federal or state courts located in New York.
Severability. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by Thankster.com on the Thankster.com website.
Use Constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the Thankster.com Affiliate Program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered, or otherwise changed by Thankster.com without notice to any other party other than changing the agreement itself made available by Thankster.com
to the affiliates on the Thankster.com website.
This ends the portion of the Terms and Conditions that further applies to Spread Thankster.