Tomthunkit’s Mind Diner™ Terms and Conditions of Service

Last revised Sept. 22nd, 2015

Please read these Terms carefully before using the services offered at Tomthunkit’s Mind Diner™ or any affiliated sites.

These Terms and Conditions of Service ("Terms") are a legal agreement between Tomthunkit Inc., a corporation registered in state of Georgia, USA ("Tomthunkit™", “Tomthunkit’s Mind Diner™”, “TMD” or "we"), the producer and owner of the Tomthunkit’s Mind Diner Service, and you ("you" or “user”), the user accessing the Tomthunkit’s Mind Diner’s Service. It is essential for TMD to clarify the legal relationship with you in order to ensure an adequate level of service and its development for the benefit of all users. This means that by using or accessing any TMD’s services ("Service" or “Services” or “Tomthunkit’s Mind Diner Service”) you agree to be bound by these Terms. On the contrary, if you do not agree to any of these Terms, to the Privacy Policy, or the Copyright and Intellectual Property Policy, or if you do not wish to be bound by these Terms and policies, please refrain from use of the Service.

As TMD may, in its sole discretion, modify or revise these Terms at any time to continue to offer you the most adequate level of service, you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date.

Services

The services proposed and empowered by TMD™ (Tomthunkit’s Mind Diner Service) includes all services accessible via the URL: Tomthunkit’s Mind Diner and our different Apps, such as but not limited to Juice by Tomthunkit’s Mind Diner or Newsroom by Tomthunkit’s Mind Diner. The Tomthunkit’s Mind Diner Service offers you the possibility to monitor, aggregate and organize links, information, or any other publically available material shared on third party websites, into easy to discover, to read and to further share formats. For more detailed information about all our Tomthunkit’s Mind Diner Service offerings, please refer to Tomthunkit’s Mind Diner homepage.

It is important to note that we value content editors and that we respect their editors’ rights and interest. For this reason we only display a short extract of their content (Content) and invite users to read the full content on the third party sites where the Content resides.

The TMD Service displays extracts of Content determined by the following: a) the Content or any information selected and extracted by TMD from third party sites, as determined by you and your criteria and organized by TMD for you, and/or b) any Service features made available by the TMD Service. It is part of the TMD Service to display the links and Content abstracts, determine their placement and location in the Service.

These Terms apply to all users accessing the TMD Service.

The TMD Service is accessed by you under the following terms and conditions: Access

Subject to these Terms, we may offer to provide The TMD Service as described more fully on TMD homepage and which are selected by you. To ensure a lawful development of your social networking, you shall only use the TMD Service in compliance with all applicable, local, state, national, and international laws, rules and regulations.

You acknowledge that the use of the TMD Service may involve the access and use of Content (abstracts), links, information and data from third party sites and services. All use of third party services is subject to such third party’s terms and conditions and policies.

Modification and Availability

The TMD Service is constantly evolving and may change from time to time without prior notice to you. We frequently add new features and constantly optimize the Service.

We may change, suspend or terminate all or any aspect of the Service for any reason or no reason, at any time, including the availability of any feature or application of the Service, content or any third party service, and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage or restrict your access to parts or all of the TMD Service without prior notice to you or liability.

It is in the duty of TMD to use reasonable efforts to ensure that the TMD Service is available twenty-four hours a day. However, there will be occasions when it will be interrupted for maintenance, upgrades and emergency repairs. Furthermore, we have no control over the availability of any third party service or Content, which may impact your use of the Service. TMD will not be liable to you or any other party for any suspension, modification discontinuance or lack of availability of its Service, Content or any third party services.

Registration information

As a preliminary step to using the Service, you may be required to supply TMD with certain registration information, including registration information for third party services you access through TMD Service. When registering, you must provide accurate and complete information. TMD reserves the right to refuse a registration, or cancel a registration in its discretion.

You may not use another user’s account or registration information, for TMD or any third party services you access through Tomthunkit’s Mind Diner, without permission.

If requested to do so, we shall be authorized to disclose your personally identifiable information to any national governmental agency or in response to any judicial process.

Third Party Services and Content

Upon your own selection’s decisions (defined as “users’ Content curation decisions”), the TMD Service aggregates abstracts of Content originated and made publically accessible by third party services, and contains links pointing to such third-party websites or resources for full Content discovery and reading.

TMD cannot take responsibility for such Content. Any use or reliance on any Content or materials posted, submitted or displayed on or through the Service shall be under your own responsibility and at your own risk.

Third Party Services are not within the supervision or control of TMD or TMD. The Service may contain links to Third Party Services displaying Content that some people may find offensive or inappropriate. Unless explicitly otherwise provided, TMD makes no representations or warranties whatsoever about any third party service, or endorse the Content, products or services offered through such third party service.

You acknowledge and agree that we are not responsible or liable for any third party services, Content, product or services, or third-party resources, and/or the functionality of third party services. TMD makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

You hereby irrevocably waive any claim against the Services or TMD with respect to such third party websites, Content, services, applications or widgets. You acknowledge and agree that in addition to these Terms, any use of third party services is subject to, and you shall comply with, the terms and conditions applicable to such third party services.

Trademarks and other Rights

All rights, title, and interest, including without limitation all Intellectual Property Rights, in and to Tomthunkit’s Mind Diner and affiliated websites are and will remain the exclusive property of Tomthunkit Inc. Tomthunkit’s Mind Diner™, TMD™, Thunkisms™, Thunkitsville™, Thunkits™, Thunk Tribe™, and all other Tomthunkit’s Mind Diner logos, marks and designations are trademarks or registered trademarks of Tomthunkit Inc.

The Services are protected by copyright and other laws of both the USA and foreign countries. These Terms and the use of Services do not grant with a license or the authorization to use the name of Tomthunkit’s Mind Diner or any of the TMD trademarks, logos or domain names.

All other trademarks mentioned in the Tomthunkit’s Mind Diner Service are the property of their respective owners. The trademarks and logos displayed on the Service may not be used without the prior written consent of TMD or their respective owners. For its policy regarding intellectual property, please refer to TMD Intellectual Property Policy.

Portions, features and/or functionality of TMD's products and the TMD Service may be protected under Tomthunkit Inc. patent applications or patents.

Copyright and Intellectual Property Policy of Tomthunkit’s Mind Diner

Tomthunkit Inc. dba Tomthunkit’s Mind Diner™ (“TMD”), the producer of the TMD Service and its applications (all together “Services”, “Service” or the “TMD Service”), respect the intellectual property rights of others and expects users of the Service to do the same. Upon notice of an infringement of intellectual property rights, we may remove or disable access to such content with respect to subsequent Services, at our sole discretion. We cannot guarantee removal of infringing content from Services already made available or distributed over the web.

If you believe that Content made available through or displayed in TMD infringes your copyright or other intellectual property right, you may send a notice of copyright infringement by email. We will require clear identification of the Content that the copyright owner seeks to have removed or access to which is to be disabled (for instance by providing its URL), as well as sufficient information to permit us to find and locate the material on TMD (for instance the URL of the paper).

Please note that TMD contains links to third-party websites, abstracts of content or resources which are aggregated by the Service users and that TMD is not responsible or liable for:

the content, products or services on or available from such websites and resources;

third-party websites, content or resources that infringe, violate or otherwise interfere with any copyright or trademark or any other intellectual property owned by another party;

any alleged or actual infringements of copyright, trademark or any other intellectual property rights committed by users of third-party websites;

any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the content on or available in third-party websites;

non-compliance by users of TMD with applicable laws;

non-compliance by third party websites and/or their users with applicable laws.

Reporting Claims of Copyright Infringement

If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:

A statement that you have identified material on a service that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act);

A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);

The country or countries to which your copyright applies;

A description of the way in which the copyright material has been infringed;

A description of where the material that you claim is infringing is located on our services (including a URL and screen shot);

Your address, telephone number, and email address so that we may get in contact with you;

A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law;

A statement by you, made under penalty of perjury, that the notice is accurate and that you are               the copyright owner or authorized to act on the copyright owner's behalf; and

An electronic or physical signature (which may be a scanned copy) of the copyright owner.

Requesting Permission to Use Copyrighted Materials

This website contains documents (including product information, help files, articles, etc.), photos, icons, and other copyrighted materials owned by us or our content providers. The following information applies only to materials we own. You must contact the copyright owner for permission to use third party materials.

Do You Need Permission?

You are authorized to view, copy, download, and print for personal use only any copyrighted materials we own that are available on this web site, subject to the following conditions: 1. The documents may be used solely for personal, noncommercial, and informational purposes. They may not be posted or distributed. 2. The documents may not be modified. 3. All copyright and other proprietary notices must be retained in the document. This permission does not extend to materials owned by other content providers that appear on this web site. You may not reproduce, copy, or redistribute the design or layout of this website, individual elements of the website design, or our logos without our express written permission

User comments

We value your comments, ideas, suggestions and feedbacks in relation to the Service. Any comments, suggestions, ideas or feedbacks ("Comments") submitted to TMD shall become the property of TMD. TMD will have exclusive ownership of all present and future existing rights to the Comments of every kind and nature everywhere and will be entitled to use the Comments for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Comment.

General Use of the TMD Service – Permission and Restrictions

You agree not to distribute to any medium any part of the Service without TMD written authorization, unless TMD issues a general authorization for a specific use of the Services or makes available the means for such distribution through functionality offered by the Services.

You also agree not to modify, alter, translate, or otherwise create derivative works of any part of the Service. If you embed any part of the Service on any other web service, blog or webpage, you agree not to modify, alter, build upon, or block any part or functionality or feature of the Service.

You agree not to decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service.

YOU AGREE NOT TO REGISTER WHILE USING AN ANONYMOUS PROXY/VPN (OR WHILE USING HOLA.)

You agree not to use any part of the Service to violate the security of any computer network, crack passwords or security encryption codes, to obtain password, account, or private information from any TMD user. You agree not to run malwares, email blasts, any form of auto-responder, or spam on the Service or through or in communication with the Services.

In order to guarantee that the Content accessible through the Service is secure and lawful, you represent, warrant and agree that you will not contribute or add to the Service any Content, Comments, feedback that:

infringes, violates or otherwise interferes with any copyright or trademark of another party, or any intellectual property of another party;

is defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically objectionable, or otherwise violates any law or right of any third party;

contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, or expropriate any system, data or information.

We may remove any user Content from the Services at any time, for any reason or for no reason.

Charges and Billing (Only apply to TMD’s Insiders)

When and if you opt in for TMD’s Insiders or any other paid services operated by us, you agree to pay all fees or charges incurred by your account, including applicable taxes at the time that the applicable fees or charges becomes payable. Unless otherwise indicated, all prices are in US Dollars. We may add new products and services for additional fees and charges at any time in our sole discretion. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes.

Since TMD’s Insiders is offering non-tangible irrevocable goods during a certain period of time (monthly or yearly), we do not issue refunds once the order is accomplished and the license to use is granted.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.

Warranty disclaimer

You agree that your use of the Services shall be at your own risk. To the fullest extent permitted by law, TMD, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and their use thereof.

YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT YOU HAVE CURATED INTO THE SERVICES IS THE RESULT OF YOUR DECISION AND THAT YOU MAY ONLY CURATE SUCH CONTENT IF YOU ARE FULLY AUTHORIZED TO DO SO.

You release Tomthunkit Inc. and TMD from all liability for you having accessed or not accessed Content through the Services. TMD makes no representations concerning any Content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the Services.

TMD makes no warranties or representations about the accuracy or completeness of its Services’ Content, or the Content contained in Third Party Services, and assumes no liability or responsibility for any harm, loss or damage resulting from:

use of the Services;

use of Content contained in or accessed through the Services;

errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;

completeness, accuracy, availability, timeliness, security or reliability of the Services and any content displayed thereon;

temporary or permanent interruption or cessation of our Services;

any viruses, bugs, worms, Trojan horses, or the like, which may be transmitted by any third party to or through our Services to your computer system;

any content posted in any community area of the TMD site;

un-authorized disclosure of information, images or any other data resulting from the use of the Services;

non-compliance by Third Party Services and/or their users with applicable laws and regulations.

TMD does not warrant, endorse, guarantee, or assume responsibility for any product or services offered or advertised by a third party through the Services or any hyperlinked services or featured in any banner or other advertising, and TMD will not be a party to or in any way be responsible for any transaction between you and any third party providers of products or services.

For clarity, you agree that TMD has no fiduciary duty to you. In particular, TMD has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of data provided by other users. TMD has no control whatsoever over the Content of Third Party Services you access via the Services, and therefore cannot be held liable and assumes no responsibility for any use or interpretation of the Content by you, for any effect the Content may have on you, or for any action you may take as a result of having been exposed to the Content.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless TMD, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorneys' fees, arising from any claim or demand made by any third party due to or arising out of:

your access to or use of the Services;

your violation of any of these Terms;

your infringement, or the infringement by any third party using your registration information, of any third party right, including without limitation any copyright, property;

any claim that your use of the Services caused damage to a third party.

This indemnification obligation will survive these Terms of Use and your use of the Services.

Limitation of liability

In no event shall TMD, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:

use of or inability to access or use the Services;

use of information or content contained in or accessed, or obtained, through the Services;

errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;

any viruses, bugs, worms, Trojan horses, or the like, which may be transmitted to or through our Services by any third party to your computer system;

any content posted by users or third parties in any community area of the Service;

unauthorized disclosure of information, images or any other data resulting from the use of the Services;

any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or

any unauthorized use of copyright, trademark or any other intellectual property rights by any Third Party Services and/or their users.

Termination

Either party may terminate the Services at any time. TMD may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Law and jurisdiction

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the USA.

All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought solely in Atlanta, Georgia, USA and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.

Miscellaneous

Both parties agree that these Terms, together with the Privacy Policy, Intellectual Property Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be construed so as to best accomplish its intended objectives. The remaining provisions of these Terms shall remain in full force and effect.

The Terms of Use is not intended to benefit, nor will it be deemed to give rise to, any rights in any third.