Last updated: March 7, 2016
Thought Ops, LLC (“Thought Ops”) develops proprietary artwork, game software and other materials that are made available for viewing on this website (“Website”). This Thought Ops Terms of Use (“Terms of Use”) governs your use of Thought Ops’ Website. Please read this Terms of Use carefully. By using the Website, you agree to the following:
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE.
By using the Website, you acknowledge that you understand, agree, accept, and are able to accept, this Terms of Use. If you do not accept or understand this Terms of Use, you should not use or access the Website.
Thought Ops reserves the right to change any of the terms and conditions in this Terms of Use or any policies or guidelines governing the Website at any time and in its sole discretion. All changes will be effective upon Thought Ops posting the updated Terms of Use. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL CHANGES TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO CHANGES IN THIS TERMS OF USE, DO NOT CONTINUE TO USE THE WEBSITE.
2. BETA PLATFORM.
(a) Beta Release or Pre-Release Platform. IN THE EVENT THAT THE WEBSITE PROVIDES ACCESS TO A PLATFORM THAT IS A BETA RELEASE OR PRE-RELEASE VERSION (“Beta Platform”), THE TERMS OF THIS SECTION WILL APPLY. Your license to use the Beta Platform expires 120 days after installation (or such other period as indicated by the Beta Platform) and the Beta Platform may cease to function. The Beta Platform you are receiving may contain more or less features than the commercial release of the Platform that Thought Ops intends to distribute. While Thought Ops intends to distribute a commercial release of the Beta Platform, Thought Ops reserves the right at any time not to release a commercial release of the Beta Platform or, if released, to alter features, specifications, capabilities, functions, payment obligations, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the Beta Platform may not be entirely suitable for production use and may contain errors and/or bugs affecting its proper operation. You will not do anything to circumvent or defeat the features designed to stop the Beta Platform from operating after the license expires. Any feedback you provide to Thought Ops as a result of using the Beta Platform is owned by Thought Ops, and you hereby assign all right, title and interest in and to this feedback as consideration for having the opportunity to use the Beta Platform.
(b) Use of Platform and Website. Your use of the Platform and Website as described in Sections 2(a) above is governed by the Thought Ops Privacy Policy in addition to this Terms of Use; either of which may be updated at any time.
3. THIRD PARTY PRODUCTS AND SERVICES.
Thought Ops’ Website may offer or use third-party contact information, products and/or services (e.g., web content hosting services, mobile application channels). You assume all risks and liabilities associated with the use of any such third-party products or services. Additionally, your rights regarding such products or services are governed by separate terms of use provided by the applicable third-party provider. It is your responsibility to review and comply with those separate agreements.
4. Special Notice REGARDING MINORS.
Thought Ops does not knowingly collect personal information from persons under the age of 13. If you are under the age of 13, you must not attempt to submit any personal information. If it comes to Thought Ops’ attention that personal information has been collected from a person under the age of 13, Thought Ops will delete this information as quickly as possible. If you believe that Thought Ops may have personal information from or about a child under the age of 13, please contact Thought Ops at privacy@ThoughtOps.com. If Thought Ops learns that a minor is using the Website, Thought Ops will require verified parental or guardian consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA").
5. PRIVACY AND DATA.
Please review Thought Ops’ Privacy Policy [HMLG2] which also governs your use of the Website. All data and electronic information Thought Ops collects, either directly or through its third-party service providers (“Collected Data”), is the property of Thought Ops. Thought Ops may use the Collected Data for any purpose at its sole discretion.
6. ELECTRONIC COMMUNICATIONS.
All agreements, notices, disclosures and other communications that Thought Ops provides to you electronically satisfy any legal requirement that such communications be in writing.
7. LICENSE.
(a) By Thought Ops. Thought Ops grants you a limited license to access and use the Website. The license does not include a right for you to: (a) download (other than page caching on the Website) or modify any part of the Website without the express written consent of Thought Ops; or (b) make any derivative use of the Website, Platform, or any use of data mining, robots, or similar data gathering and extraction tools. The Website and any of its content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited, in whole or in part, for any commercial purpose without express written consent of Thought Ops. 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 Thought Ops or its partners, affiliates or licensors without the express written consent of the respective owner. You may not use any meta-tags or any other "hidden text" utilizing “Thought Ops” or its partners’, affiliates’ or licensors’ names or trademarks without the express written consent of the respective owner. Thought Ops reserves the right to terminate and block your use of the Website if it discovers any unauthorized use by you. Thought Ops grants you a limited, revocable, and nonexclusive right to create a hyperlink to the Websites so long as the link does not portray Thought Ops in a false, misleading, derogatory, or otherwise offensive matter.
(b) By You. For any information or materials that you make available through the Website, you grant Thought Ops and its affiliates, partners and licensors a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material and communications throughout the world in any media now known or hereinafter devised; and (b) use the name that you submitted in connection with such materials. If any music is included in your content, you will obtain all relevant third-party permission, all necessary licenses, clearances and consents as may be required pursuant to the United States Copyright Act of 1976 (Title 17, U.S.C.) as amended and any other analogous laws anywhere in the world so that your use of the music on Thought Ops in any and all media throughout the world is free from any restriction, encumbrance or payment. If any of your content contains any third-party or other non-original material that is not supplied by you, you will obtain an irrevocable, perpetual, non-exclusive, worldwide, transferable, sub-licensable, royalty-free right and license to use such material. The foregoing does not apply to material owned by Thought Ops or its affiliates. You represent and warrant that your content will not violate the rights of any third party.
8. WEBSITE ACTIVITY.
Thought Ops does not directly or indirectly participate in any transactions you may conduct while using the Website. You are responsible for all content, actions or obligations to third parties that arise from your use of the Website. Thought Ops is not your agent and is not responsible for conducting transactions for you, fulfilling any obligations you may make to third parties, or representing you in any manner.
The following provisions apply to anyone who interacts with Thought Ops outside the United States: (a) You consent to having your personal data transferred to and processed in the United States; and (b) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Thought Ops (such as advertising or payments) or operate a Platform application or website. You will not use Thought Ops if you are prohibited from receiving products, services, or software originating from the United States.
9. OWNERSHIP.
Thought Ops retains all right, title and interest in and to its products, services and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right (“Rights”). Except as specifically set forth in this Terms of Use, Thought Ops expressly reserves all Rights.
10. TRADEMARKS.
Thought Ops and all other related trademarks (including, without limitation, graphics, logos, page headers, button icons, scripts and service names) displayed on or within the Services or the Websites are trademarks of Thought Ops or respective licensors and are protected by U.S. and international law (“Marks”). The Marks may not be used in connection with any product or service without the owner’s express written permission and all goodwill associated with the use of such Marks inures to the benefit of their respective owners.
11. COPYRIGHTS.
Any and all content distributed by Thought Ops is the property of its respective owner and protected by U.S. and international copyright laws. No underlying right, title or interest in or to any content will pass to you by virtue of accessing or downloading the content by using the Website.
12. COPYRIGHT COMPLAINTS.
Thought Ops respects the intellectual property of others. If you believe that your content has been used in a way that constitutes copyright infringement, please contact us at [insert address].
13. FEEDBACK.
Thought Ops does not accept unsolicited feedback, suggestions or other information about Thought Ops, the Website, or any other Thought Ops products and services. If you provide feedback, Thought Ops is free to use your feedback for any purpose, including, without limitation, improving its products and services and creating derivative technologies.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
(a) DISCLAIMER AND LIMITED LIABILITY. THOUGHT OPS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE WEBSITE FOR YOUR PURPOSES; OR THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE; OR THAT THE WEBSITE WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA; OR THAT THE WEBSITE IS AUTHORIZED BY THOUGHT OPS FOR USE WITH THIRD-PARTY PRODUCTS, INCLUDING, WITHOUT LIMITATION, WEBSITES, PLATFORMS, APPLICATIONS AND SERVICES NOW KNOWN OR YET TO BE INVENTED. THE SERVICES ARE PROVIDED “AS IS" AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The following terms apply for any Beta Platforms:
(b) BETA PLATFORM DISCLAIMER AND LIMITED LIABILITY. THE BETA PLATFORM AND RELATED SERVICES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOUGHT OPS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BETA PLATFORM AND/OR RELATED SERVICES REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT IS THOUGHT OPS LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE THE BETA PLATFORM AND/OR RELATED SERVICES, EVEN IF THOUGHT OPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THOUGHT OPS' TOTAL LIABILITY FOR ANY DIRECT DAMAGES WILL NOT EXCEED TWENTY-FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. EXCEPT FOR YOU ENGAGING IN PROHIBITED CONDUCT DESCRIBED IN THIS TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE, THE USE OF OR INABILITY TO USE THE WEBSITE, OR THIRD-PARTY CLAIMS ARISING FROM OR RELATED TO CONTENT OR USE OF THE WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND THOUGHT OPS’ TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TERMS OF USE FOR ANY REASON IS LIMITED TO TWENTY-FIVE DOLLARS ($5.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. ADDITIONALLY, neither party WILL be liable for any failure to perform any RESPECTIVE obligations under this TERMS OF USE DUE TO interruptions, limitations, delays and/or other problems inherent in the use of the Internet RESULTING IN delays, delivery failures or any other damages beyond the parties’ reasonable control.
15. CHOICE OF LAW.
You agree that: (a) the Website is based solely in Washington; and (b) the Website will be deemed a passive service that does not give rise to personal jurisdiction over Thought Ops, either specific or general, in jurisdictions other than Washington. This Agreement will be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. BY ACCEPTING THIS TERMS OF USE, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS AND AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND THOUGHT OPS THAT ARISES IN WHOLE OR IN PART FROM THE WEBSITE OR ANY CLAIM ARISING OUT OF OR RELATED TO THIS TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.
16. GENERAL.
This Terms of Use and the Thought Ops Privacy Policy constitute the complete and final agreement between you and Thought Ops with respect to your use of the Website. You agree that your breach of this Terms of Use will cause Thought Ops immediate and irreparable harm and Thought Ops is entitled to injunctive relief without the necessity of posting bond. You and Thought Ops are independent parties and nothing in this Terms of Use creates an employment or agent relationship. If any provision of this Terms of Use is held 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. The failure of either party to enforce any right or provision in this Terms of Use will not constitute a waiver of such right or provision.
17. SITE POLICIES, MODIFICATION, AND SEVERABILITY.
Thought Ops may make changes to the Website and its respective policies including this Terms of Use. The changes will become effective immediately upon posting. If any of these changes are deemed invalid, void, or for any reason unenforceable, that change is severable and will not affect the validity and enforceability of any unchanged portions of the Website or policies. Thought Ops may transfer or assign this Terms of Use (its terms, conditions and obligations) and the Services, in whole or in part, to any third party of its choosing. This Terms of Use inures to the benefit of and is binding upon your respective successors and permitted assigns.
18. CONTACT US.
If you have questions regarding this Terms of Use, please contact Thought Ops at:
Thought Ops
Attn: Terms of Use
E-mail: mattployhar@gmail.com