Terms of Use




Updated as of January 29, 2010

1. Your relationship with thanks2u

1.1 Your use of the thanks2u website (the "Website") and any products, software and services provided to you on or from the Website by (collectively called the "Services" in this document) is subject to the terms of a legal agreement between you and thanks2u. "thanks2u" is a trading name of Riovra Ltd, whose principal place of business is at Corconnolly, Clones, Co. Monaghan, Rep. of Ireland.

1.2 Your legal agreement with thanks2u is made up of (A) the terms and conditions set out in this document, (B) thanks2u's Privacy Policy and (C) thanks2u's copyright Guidelines (collectively called the "Terms").

1.3 The Terms form a legally binding agreement between you and thanks2u in relation to your use of the Services. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Website, including users who are also contributors of video content, photographic content, information, and other materials or services to thanks2u.

2. Accepting the Terms

2.1 In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Services. You understand and agree that thanks2u will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with thanks2u, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Services under the laws of the country in which you are resident or from which you access or use the Services.

2.4 You should print off or save a local copy of the Terms for your records.

3. Language of the Terms

3.1 Where thanks2u provides you with a translation of the English language version of the Terms, then the translation is provided for your convenience only and you agree that the English language versions of the Terms will govern your relationship with thanks2u.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4. Changes to the Terms

4.1 thanks2u may make changes to the Terms from time to time. When these changes are made, thanks2u will make a new copy availble at this page.

4.2 You understand and agree that if you use the Services after the date on which the Terms have changed, thanks2u will treat your use as acceptance of the updated Terms.

4.3 You should check the Terms regularly for changes.

 

 

5. Safety

We do our best to keep thanks2u safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

5.1. You will not send or otherwise post unauthorized commercial communications (such as spam) on thanks2u.

5.2. You will not collect users' content or information, or otherwise access thanks2u, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

5.3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on thanks2u.

5.4. You will not upload viruses or other malicious code.

5.5. You will not solicit login information or access an account belonging to someone else.

5.6. You will not bully, intimidate, or harass any user.

5.7. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.

5.8. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.

5.9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on thanks2u without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.

5.10. You will not use thanks2u to do anything unlawful, misleading, malicious, or discriminatory.

5.11. You will not do anything that could disable, overburden, or impair the proper working of thanks2u, such as a denial of service attack.

5.12. You will not facilitate or encourage any violations of this Statement.

5. thanks2u accounts

5.1 In order to access some features of the Website or other Services, you will have to create a thanks2u account. When creating your account, you must provide accurate and complete information. It is important that you must keep your thanks2u account password secure and confidential.

5.2 You must notify thanks2u immediately of any breach of security or unauthorised use of your thanks2u account that you become aware of.

5.3 You agree that you will be solely responsible (to thanks2u, and to others) for all activity that occurs under your thanks2u account.

5.4 thanks2u users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on thanks2u, or create an account for anyone other than yourself without permission.

2. You will not use your personal profile for your own commercial gain (such as creating a book in return for payment or similar).

3. You will not use thanks2u if you are under 13.

4. You will not use thanks2u if you are a convicted sex offender.

5. You will keep your contact information accurate and up-to- date.

6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

7. You will not transfer your account to anyone without first getting our written permission.

8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

6. General restrictions on use

6.1 thanks2u hereby grants you permission to access and use the Website and the Services, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

1. you agree not to distribute any part of or parts of the Website, including but not limited to any submissions (as defined below), in any medium without thanks2u's prior written authorisation;

2. you agree not to alter or modify any part of the Website or any of the Services;

3. you agree not to access submissions (defined below) or other content made available on the Website (including thanks2u Content, as defined below) through any technology or means other than the book viewing pages of the Website itself, or such other means as thanks2u may explicitly designate for this purpose;

4. you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of any submissions or thanks2u Content or (ii) enforce limitations on use of the Website or the content accessible on the Website;

5. you agree not to use the Website or any Services for any commercial use, without the prior written authorisation of thanks2u. Prohibited commercial uses shall include, without limitation:

1. the resale of access to the Website or any of the Services on another website for the primary purpose of gaining advertising or subscription revenue; and

2. the redistribution of the Services (including any submissions accessible through such Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried on by thanks2u or Riovra Ltd.

but shall not include (i) uploading and creating original books on thanks2u, (ii) maintaining an original profile or group on the Website in order to promote a business or artistic enterprise, and (iii) any use that is expressly authorised by thanks2u in writing;

6. if you use the thanks2u book on your website, you must include a prominent link back to the Website on the pages containing the thanks2u book and you may not modify the thanks2u book in any way;

7. you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Website in a manner that sends more request messages to the thanks2u servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;

8. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include thanks2u account names);

9. you agree not to use the Website and the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;

10. you agree not to solicit, for commercial purposes, any users of the Website with respect to their submissions; and

11. you agree not to access User Books (as defined below) for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Services, and solely for Streaming. "Streaming" means a contemporaneous digital transmission of the material by thanks2u via the Internet to a user operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the user.

6.2 You agree that you will comply with all of the other provisions of the Terms and the thanks2u Community Guidelines at all times during your use of the Services.

6.3 thanks2u grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. thanks2u reserves the right to revoke these exceptions either generally or in specific cases.

6.4 thanks2u is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which thanks2u provides may change from time to time without prior notice to you.

6.5 As part of this continuing innovation, you acknowledge and agree that thanks2u may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at thanks2u's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform thanks2u when you stop using the Services.

6.6 You agree that you are solely responsible for (and that thanks2u has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which thanks2u may suffer) of any such breach.

7. Copyright policy

7.1 thanks2u operates a clear copyright policy in relation to any submissions which are alleged to infringe the copyright of a third party. Details of that policy can be found here

7.2 As part of thanks2u's copyright policy, thanks2u will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

8. About Advertisements on thanks2u

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

8.1. We won’t use or allow advertisers access to your profile picture or personal details to be used in associated commercial or sponsored content served by us. However, you understand that we use anonymous demographic details if provided on your account settings page to help advertisers target their advertising to these criteria, for example, an advertiser may only want to target your country, or gender.

8.2. We do not give your content or information to advertisers without your consent.

8.3. You understand that we may not always identify paid services and communications as such.

 

9. Special Provisions Applicable to Advertisers

You can target your specific audience by buying ads on thanks2u . The following additional terms apply to you if you place an order for our online advertising.

9.1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend.

9.2. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated in advance.

9.3. Your ads will comply with our Advertising Guidelines.

9.4. We will determine the size, placement, and positioning of your ads.

9.5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.

9.6. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.

9.7. You can cancel your Order at any time but will be subject to our payment terms.

9.8. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.

9.9. We can use your ads and related content and information for marketing or promotional purposes.

9.10. You will not issue any press release or make public statements about your relationship with thanks2u without written permission.

9.11. We may reject or remove any ad for any reason.

If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:

9.12. You warrant that you have the legal authority to bind the advertiser to this Statement.

9.13. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

 

10. Your Submissions

10.1 As a thanks2u account holder you may submit photographic content (“User Photo Library”) , video content ("User Videos") and textual content ("Book text and User Comments") in the form, but not limited to a thanks2u story book (collectively referred to as "submissions"). You understand that whether or not such Submissions are published, thanks2u does not guarantee any confidentiality with respect to any Submissions.

10.2 You retain all of your ownership rights in your Submissions, but you are required to grant limited licence rights to thanks2u and other Website users. These are described in paragraph 10 of these Terms (Rights you licence).

10.3 You understand and agree that you are solely responsible for your own Submissions and the consequences of posting or publishing them. thanks2u does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and thanks2u expressly disclaims any and all liability in connection with Submissions.

10.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable thanks2u to use your Submissions for the purposes of the provision of the Services by thanks2u, and otherwise to use your Submissions in the manner contemplated by the Website and these Terms.

11. Content of your Submissions

11.1 You agree that your conduct on the site will comply with (and you agree that the content of all of your Submissions shall comply with) the thanks2u Terms of this site, as updated from time to time.

11.2 You agree that you will not post or upload any Submissions which contain content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for thanks2u to use or possess in connection with the provision of the Services.

11.3 You agree that you will not upload or post any Submissions that are subject to any third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner to post the material in question and to grant thanks2u the licence referred to in paragraph 12.1 below.

11.4 thanks2u reserves the right (but shall have no obligation) to decide whether Submissions comply with the content requirements set out in these Terms and may remove such Submissions and/or terminate a User's access for uploading any Submission which is in violation of these Terms at any time, without prior notice and at its sole discretion.

11.5 You further understand and acknowledge that in using the Website and the Services, you may be exposed to Submissions that are factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against thanks2u with respect to any such Submissions.

11.6 You own all of the content and information you post on thanks2u, and you can control how it is shared through your privacy and books settings.

In addition:

1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and books settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with thanks2u ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

3. When you add content to your book(s) from third party sites or upload content to third party websites from thanks2u, you agree to comply with their terms of use, privacy and copyright or any relevant statements & policies that are necessary to comply with to use their services legally. You will not hold thanks2u responsible for any breach of these third party websites policies.

4. When you publish content or information using the "everyone" setting, it means that everyone, including people off of thanks2u, will have access to that information and we may not have control over what they do with it.

5. We always appreciate your feedback or other suggestions about thanks2u, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

12. Rights you licence

12.1 When you upload or post a Submission to thanks2u, you grant:

1. to thanks2u, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Submission in connection with the provision of the Services and otherwise in connection with the provision of the Website and thanks2u's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels;

2. to each user of the Website, a worldwide, non-exclusive, royalty-free, licence to access your Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions to the extent permitted by the functionality of the Website and under these Terms.

12.2 The above licenses granted by you in User Videos terminate when you remove or delete your User Videos from the Website. The above licenses granted by you in User Comments are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 10.2 above.

13. thanks2u content on the Website

13.1 With the exception of Submissions, all other content on the Website including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos and interactive features on the Website (the "thanks2u Content") is either owned by or licensed to thanks2u, and is subject to copyright, trade mark rights, and other intellectual property rights of thanks2u or thanks2u's licensors. Any third party trade or service marks present on the thanks2u Content are trade or service marks of their respective owners.

13.2 thanks2u Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of thanks2u, or thanks2u's licensors. thanks2u reserves all rights not expressly granted in and to the thanks2u Content.

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14. Links from thanks2u

14.1 The Services may include hyperlinks to other web sites that are not owned or controlled by thanks2u. thanks2u has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

14.2 You acknowledge and agree that thanks2u is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that thanks2u is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

14.4 thanks2u encourages you to be aware when you leave the thanks2u website and to read the terms and conditions and privacy policy of each other website that you visit.

14.5 If you include our Share code book promo on your website, the following additional terms apply to you:

1. We give you permission to use thanks2u's Share code so that users can post a link to your book from your website to thanks2u.

2. You give us permission to modify or update such links and content in this box remotely from thanks2u, and may include paid advertising from thanks2u advertisers, and will not entitle you to any compensation for same. Any advertising in these boxes will comply with our terms and thanks2u won't be held liable or responsible for any advertising that appears in this box that may be deemed inappropriate or in competition with your website or business. You are aware that you can remove your share code at any time you wish if you aren't happy with content shown.

3. You will not place a Share code box on any page containing content that would violate these terms of use.

15. Ending your relationship with thanks2u

15.1 The Terms will continue to apply until terminated by either you or thanks2u as set out below.

15.2 If you want to terminate your legal agreement with thank, you may do so by (a) notifying thanks2u at any time and (b) closing your thanks2u account. Your notice should be sent, in writing, to thanks2u's address which is set out at the beginning of these Terms.

15.3 thanks2u may at any time, terminate its legal agreement with you if:

1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

2. thanks2u is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

3. thanks2u is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or

4. the provision of the Services to you by thanks2u is, in thanks2u's opinion, no longer commercially viable.

15.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and thanks2u have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.

16. Exclusion of Warranties

16.1 Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

16.2 The Services are provided "as is" and thanks2u makes no warranty or representation to you with respect to them.

16.3 In particular thanks2u does not represent or warrant to you that:

1. your use of the Services will meet your requirements,

2. your use of the Services will be uninterrupted, timely, secure or free from error,

3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and

4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

16.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

17. Limitation of Liability

17.1 Nothing in these Terms shall exclude or limit thanks2u's liability for losses which may not be lawfully excluded or limited by applicable law.

17.2 Subject to the overall provision in paragraph 17.1 above thanks2u shall not be liable to you for:

1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

2. any loss or damage which may be incurred by you as a result of:

1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services;

2. any changes which thanks2u may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);

3. the deletion of, corruption of, or failure to store, any Submissions and other communications data maintained or transmitted by or through your use of the Services;

4. your failure to provide thanks2u with accurate account information;

5. your failure to keep your password or thanks2u account details secure and confidential.

17.3 The limitations on thanks2u's liability to you in paragraph 17.2 above shall apply whether or not thanks2u has been advised of or should have been aware of the possibility of any such losses arising.

18. General legal terms

18.1 The Terms constitute the whole legal agreement between you and thanks2u and govern your use of the Services and completely replace any prior agreements between you and thanks2u in relation to the Services.

18.2 You agree that thanks2u may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the thanks2u website.

18.3 You agree that if thanks2u does not exercise or enforce any legal right or remedy which is contained in the Terms (or which thanks2u has the benefit of under any applicable law), this will not be taken to be a formal waiver of thanks2u's rights and that those rights or remedies will still be available to thanks2u.

18.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

18.5 You acknowledge and agree that each member of the group of companies of which thanks2u is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.

18.6 The Terms, and your relationship with thanks2u under the Terms, shall be governed by Irish law. You and thanks2u agree to submit to the exclusive jurisdiction of the courts of Ireland to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that thanks2u shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

WE STRIVE TO KEEP THANKS2U UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THANKS2U "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THANKS2U WILL BE SAFE OR SECURE. THANKS2U IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THANKS2U , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THANKS2U WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THANKS2U ‘S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.