Terms of Use

 

Welcome to ThoughtMetric. Please read these Terms of Use(the “Terms”) and our Privacy Policy carefully because they govern your use of our Site.

These Terms form a contract between you (the user of the Services) and us (ThoughtMetric). We may update and change any part or all of these Terms, including the Privacy Policy, at any time. The updated Terms will become effective and binding on the next business day after they are posted. We encourage you to review these Terms periodically for any changes.

Definitions

“Content” means all information, data, text, messages, software, photographs, graphics, images, and tags that we incorporate into, post to, or otherwise make available through the Services.

“Submitted Data” means all data and information you or any other user of the Services submits to the Services.

“User Data” means all Submitted Data that you submit to the Services.

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. So long as you have an active user account for the Services, we will provide you access to use the Services as described in these Terms. We may, at any time, modify the Services, cease to offer the Services or portions of the Services. You agree that we have no obligation to store, maintain or provide you a copy of any Submitted Data or Content, except to the extent required by applicable law or the Privacy Policy. We do not guarantee the accuracy or completeness of any Submitted Data or Content.

Privacy Policy

Please refer to our Privacy Policy (ThoughtMetric Privacy Policy) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

You may use the Services only if you are 16 years or older and capable of forming a binding contract with ThoughtMetric and are not barred from using the Services under applicable law.

If you want to use certain features of the Services you’ll have to create an account (“Account”), which you can do through the Site. As part of the Account registration process, you may be requested to provide information about yourself in order to use the Services. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. We may use the information you provide in addition to information about you that is publicly available on the Internet—such as posts on any third-party social networking service, such as Facebook or LinkedIn (each, an “SNS Account”), that the privacy settings on and terms governing our access to such SNS Account permit us to access—in order to auto-generate parts of your Account profile.

By creating an account on the Services, you agree that: (1) you will only have one ThoughtMetric.com account, which must be in your real name; and (2) you are not restricted by ThoughtMetric from using the Services.You may not use the Services if you are legally prohibited from receiving or using them under the laws of the country in which you are resident or from which you access or use them.

You agree: (1) to choose a strong and secure password; and (2) to keep your password private You are responsible for anything that happens through your account.

You will not (1) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; (2) use the Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party’s use of the Services; (3) attempt to gain unauthorized access to the Services; (4) access the Services other than through our interface; or (5) use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms.

You understand and agree that your Account profile page and your content will be publicly visible to Members and other visitors to the Site. ThoughtMetric needs your permission to host your content and make it available through the Services to you, other Members and other visitors to the Site, so by making any content available through ThoughtMetric Network you grant to ThoughtMetric , or permit ThoughtMetric to grant other Members, the rights and licenses necessary to make your content available to you, other Members and other visitors to the Site, including the right to copy, modify (for formatting purposes only) and distribute copies of your content in connection with operating and providing the Services, including, but not limited to, posting your Network Content on ThoughtMetrics’ SNS Accounts.

This is an agreement for access to and use of the Services, and you are not granted a license to any software by these Terms. The Services and Content are protected by intellectual property laws and belong to and are the property of us or our licensors (if any). We retain all ownership rights in the Services and Content. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Services or the Content in whole or in part, by any means, except as expressly authorized in writing by us.

We encourage all users of the Services to comment on the Services, provide suggestions for improving the Services, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Services, without payment or attribution to you.

By using the Services, you may encounter Submitted Data that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review Submitted Data and we do not endorse, support, or warranty the Submitted Data. You acknowledge that you should not rely on the accuracy or completeness of any Submitted Data and you agree that we are not responsible for any damages you or any third party may suffer arising from or related to your or a third party’s use of or reliance on the Submitted Data.

Subject to your compliance with these Terms, ThoughtMetric grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view ThoughtMetric  Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

You are responsible for deciding if you want to access or use third party sites that link from our Services. If you connect your account with a third party site to your account for the Services, you agree that your User Data, in part or in whole, might be shared with such third party site. You agree that we are not responsible for any third party sites or their use of your User Data.

You understand and agree that you are personally responsible for your use of the Services and the User Data you submit. You agree to indemnify, defend and hold us harmless from and against all third-party claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use or misuse of the Services, Content, or the Submitted Data, or any violation by you of these Terms. You shall not accept any settlement that (1) imposes an obligation on us; (2) requires us to make an admission; or (3) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

Although we’re not obligated to monitor access to or use of the Services or Member Content or to review or edit any Member Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements.

We reserve the right, but are not obligated, to remove or disable access to any Member Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Member Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.