1. USING THRILLIA
c. Commercial use of Thrillia. If you or your entity want to use our Services for commercial purposes as a merchant, you must contact us to create a business account and agree to our Business Terms of Service.
2. YOUR USER CONTENT
a. Posting content. Thrillia invites you to responsibly post content to our site, including photos, comments, links, and other suitable materials (“Content”). You retain all rights in, and are solely responsible for, the Content that you post to Thrillia.
c. Feedback you provide. Your feedback is highly valued, and we enjoy hearing from our users. We are always interested in learning about ways that you believe we can make Thrillia more awesome, valuable, and enjoyable to our users. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Thrillia does not waive any rights to use similar or related feedback previously known to Thrillia, or developed by its employees, or obtained from sources other than you.
3. INTELLECTUAL PROPERTY POLICY.
Thrillia values your security. We care about the security of our users. While we work diligently to protect the security of your Content and account, Thrillia cannot guarantee that unauthorized third-parties will not be able to defeat our security measures. You are responsible for all uses of your account, except for any uses we believe in our sole discretion have not been authorized by you. Please notify us immediately of any compromise or unauthorized use of your account.
5. THIRD-PARTY LINKS, SITES, AND SERVICES.
Our Services may contain links to third-party websites, advertisers, services and service providers, special offers, or other events or activities that are not owned or controlled by Thrillia. We do not endorse or assume any responsibility whatsoever for any such third-party sites, information, materials, products, or services. If you access any third-party website, application, service or service provider, or other content from Thrillia, you do so at your own risk. You agree that Thrillia shall have no liability whatsoever arising from your use of or access to any third-party website, service or service provider, or content.
You agree to indemnify and hold harmless Thrillia and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way allegedly arising from related to (a) your access to or use of our Software or Services, (b) your Content, or (c) your breach of any of these Terms.
a. Thrillia’s Services are used “as is” and “as available” without warranties. Thrillia’s Services and all included content are provided to you on an "as is" and “as available” basis, without warranty of any kind, whether express or implied.
b. The big picture on liability. THRILLIA SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES ARISING OUT OF COURSE OF DEALING, OR CUSTOM OR USAGE OF TRADE.
c. No liability for User Content. Thrillia takes no responsibility and assumes no liability for any Content that you or any other user, entity or third-party posts or transmits using our Software or Services. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to or unsuitable for your purpose.
9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THRILLIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR OR RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE THRILLIA SOFTWARE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE THRILLIA SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT. IN NO EVENT SHALL THRILLIA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE THRILLIA SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00).
For any dispute that you may have with Thrillia, you agree to first contact us to attempt to resolve the dispute with us amicably and informally. If Thrillia and you are unable to resolve the dispute amicably and informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms or the provision of Software or Services by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect at the time at the time of the dispute, except as provided herein. The arbitration will be conducted in Philadelphia, Pennsylvania, but each party shall have the right to choose to conduct all hearings (including all testimony) by audio conference and video conference. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. The arbitrator’s award shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THRILLIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. GOVERNING LAW AND JURISDICTION.
These Terms shall be governed by the laws of the State of Delaware, and the federal laws of the State of Delaware, without respect to its conflict of laws principles. Our Software and Services are provided, controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
12. COPYRIGHT POLICY.
Thrillia respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
- Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
- Your contact information, including your postal address, telephone number, and an email address.
- A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service. In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service. Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, we will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Attn: Corporate Counsel
7711 Bayshore Drive
Margate City, New Jersey 09402
13. GENERAL TERMS
a. Notification procedures and changes to these Terms. Thrillia reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically to the electronic mail address we have for you. We may revise these Terms from time to time and will always post the most current version with our Services. We will notify you at the current or most recent electronic mail address we have for you. By continuing to access or use Thrillia’s Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Thrillia Services and Software, and the prior version of these Terms shall apply to you.
b. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thrillia without restriction or limitation. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Entire Agreement. These Terms, together with any additional agreements you may enter into with Thrillia in connection with our Services, shall constitute the entire agreement between you and Thrillia concerning these Services.
d. Severability. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
e. No Waiver. No waiver of any term of these Terms and policies shall be deemed a further or continuing waiver of such term or any other term. Thrillia's failure to assert any right or provision under these Terms and policies shall not constitute or be construed as a waiver of such right or provision or any other provision.