PLEASE READ THIS!
YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS OF SERVICE.
This website (the “Site”, “iKT”) is owned and operated by iKeepThinking.com
These terms of service (the “TOS”) apply to your use of the Site and govern your rights and responsibilities in connection with such use. The term “Site” includes the content on the Site and all of the services provided on or through the Site (the “Site Services”). You “use” the Site anytime you access, view, link to or from, or otherwise interact or communicate with or connect to, the Site (or any parts thereof) or interact or communicate with other users through the Site (including, without limitation, on message boards, chat rooms and/or other communities established on the Site). Your use of the Site (or any part thereof) signifies your agreement to be bound by these TOS, and the iKT Privacy Policy (the “Privacy Policy”) and, which is hereby incorporated by this reference into these TOS. These TOS are a binding legal agreement between you and iKT: please read them carefully before you use the Site. Do not use the Site if you do not agree with any of the terms contained herein!
iKT reserves the right, at its sole discretion, to change, modify, and/or add to these TOS or the Privacy Policy, in whole or in part, at any time, without notice. Changes to the TOS, and Privacy Policy will be effective when posted. You agree to review the TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site or any part thereof after any changes to these TOS and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you sole recourse will be to stop using the Site.
LICENSES GRANTED TO YOU
iKT hereby grants you, if and only to the extent the necessary functionality is provided to you on or through the Site, the following limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide, royalty-free rights and licenses (each a “License”): (1) the License to access, view and otherwise use the Site (including, without limitation any services provided on or through the Site) for your personal, lawful use only, as intended through the normal functionality of the Site; (2) the License to stream Site content using any of the widgets and/or other digital streaming Internet video players, if any, provided on the Site (any such widget or other digital streaming Internet video player referred to as a “Site Widget”); (3) the License to cut and paste certain code expressly made available to you through the Site (whether such functionality is designated as “sharing” functionality or not) in order to embed, re-publish, maintain, and/or display the specific Site content to which such code relates on your own personal, customized social networking Web page(s), Web blog(s), or microblog(s) (collectively, your “Personal Social Media”), and/or, if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget and embed, re-publish, maintain, and/or display such Site Widget on your Personal Social Media; (4) the License to cut and paste certain code expressly made available to you through the Site, and/or if the Site provides “widget grabbing and embedding” functionality, to “grab” a Site Widget, to forward, as applicable, such code and/or Site Widget to your friends, so that they can view the Site content contained therein, and/or if, they so desire, so that they themselves may embed the forwarded piece of code or Site Widget on their own Personal Social Media or re-forward it to their own friends; (5) if the Site includes a “Send to Friend” tool that allows you to initiate and send to one of your friends an email communication that includes Site content, and the tool is operational, the License to use the tool to request that the Site’s servers convey your message to your friend; (6) if the Site includes a “Download” link next to a piece of Site content (including, without limitation, an image, a music track, or an RSS feed), the License to download a single copy of such content to a single computer or other permitted device for your personal, non-commercial use only; (7) the License to obtain a registered personal account (and related username and password) on the Site and interact with other Site users as part of Site-based chat rooms, message boards, social media networks, online multiplayer games and/or other similar activities; (8) the License to use any other functionality expressly provided by iKT on or through the Site for use by users, subject to these TOS (including, without limitation, functionality to create and/or Submit User Submissions).
YOUR RESPONSIBILITIES
Your rights under any one or more of the Licenses set forth above are conditioned upon your compliance, with each of the following: (1) you will not create or Submit (as defined below) a User Submission that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or guidelines (“Applicable Laws”), or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (2) you will not embed, re-publish, maintain and/or display any Site content (including, without limitation, any of your own User Submissions) on any Personal Social Media or other web site or other Internet location that ordinarily (i) contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any Applicable Laws, or that infringes or violates any other party’s(ies’) intellectual property rights or links to infringing or unauthorized content; (3) you will not send spam, chain letters, or any other unsolicited or unauthorized advertising or promotional materials, or to harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or to defame or disparage someone, or for any other unlawful or objectionable (as determined by iKT) purpose; (4) you will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Site to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity; (5) you will not use any one or more of the Licenses (and any associated functionality) to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Site, unless you have obtained prior permission from such user to do so; (6) you will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Site (or any parts thereof); (7) you will abide by all copyright notices, information, restrictions contained in or associated with any of the Site content; (8) you will not remove, alter, interfere with or circumvent any of copyright, trademark, watermark, or other proprietary notices marked/displayed on Site content; (9) you will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with Site content; (10) you will not use any of the rights granted to you or any of the Site content in a manner that suggests an association with any of iKT’s products, services or brands, unless otherwise specifically permitted by iKT; (11) you will not use bots, spiders, offline readers or other automated systems to access or use the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to iKT’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials; (12) you will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, spyware, 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; (13) you will not do anything on the Site that would prevent other users’ access to or use of the Site or any part thereof; and (15) you will use the Site and the Licenses at all times in compliance with these TOS and all Applicable Laws.
THIRD PARTY LINKS
iKT sites may link to and/or contain advertisements about non-iKT owned or controlled Web sites or other Internet resources. You acknowledge and understand that iKT does not endorse or sponsor such other third party Web sites or other Internet resources and iKT EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET RESOURCES.
NO MEDICAL ADVICE
The information published on the Site could contain information regarding topics related to general and specific health issues. You understand and agree that neither iKT, nor other users or members of this Site or the Site itself are dispensing medical advice and do not intend any of this information to be used for self diagnosis or treatment. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITE, YOU SHOULD CONTACT YOUR OWN PHYSICIAN OR HEALTH CARE PROVIDER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE (AND ANY PORTION OF THE SITE) IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, iKT AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). Neither iKT nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Site or the content of any Web sites, Personal Social Media or other Internet resources linked to the Site and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site (or any parts thereof); (iii) any unauthorized access to or use of iKT’s secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Site; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any User Submissions and/or other Site content posted, shared, forwarded, emailed, transmitted, or otherwise made available on or through the Site and/or otherwise through your or any other Site users’ exercise of any rights under any of the Licenses granted by iKT herein. iKT reserves the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Site (including, without limitation any of the Site Services).
LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL iKT OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE SITE OR ANY PARTS THEREOF.
COPYRIGHT INFRINGEMENT NOTIFICATION; DESIGNATED COPYRIGHT AGENT
iKT respects the intellectual property rights of others. Upon proper notice, iKT will remove User Submissions (and any other Site content) that violate copyright law. If you believe a work has been copied in a way that constitutes copyright infringement, please send iKT a notification of claimed infringement (an “Infringement Notification”) that contains all the following information: (i) identification of the copyrighted work claimed to have been infringed; (ii) identification of the claimed infringing material and information reasonably sufficient to permit iKT to locate the material on the Site; (iii) information reasonably sufficient to permit iKT to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature.
TERMINATION
You understand and agree that iKT may, in its sole discretion and at any time, terminate or temporarily suspend your rights under any of the Licenses and otherwise your access to the Site, and discard, remove, and/or disable or deactivate any or all of your User Submissions that you Submitted to the Site (and/or any other User Submissions) and/or any other information and data that you (and/or anyone else) may have provided to the Site, for any reason. iKT may also, in its sole discretion and at any time, discontinue the Site or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT iKT MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT NEITHER iKT NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE’S) ACCESS TO SITE OR PARTS THEREOF AND/OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OF YOUR USER SUBMISSIONS (OR THE USER SUBMISSIONS OF ANYONE ELSE) OR THE REMOVAL, DISCARDING, DISABLING OR DEACTIVATION OF ANY OTHER INFORMATION OR DATA THAT YOU (OR ANYONE ELSE) MAY HAVE PROVIDED ON OR THROUGH THE SITE. You may discontinue your access to, use or participation on the Site at any time.
