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THE TERMS AND CONDITIONS SET FORTH BELOW ("THE TERMS") GOVERN YOUR USE OF THE COMPUTING REVIEWS WEB SITE ("THE SITE") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

General Use Restrictions


ThinkLoud, Inc. ("ThinkLoud") provides to users reviews of articles of content, indices and summaries of and access to articles, and other services through the Site. All information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images (collectively, the "Materials") are provided to you by ThinkLoud, Inc. and are the copyrighted work of ThinkLoud, Inc. or ThinkLoud, Inc.'s contributors.

ThinkLoud, Inc. grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials only on your personal computer and to print a single copy for your personal use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis. Certain information and content may be provided by third parties under license to ThinkLoud, Inc. ( "Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor.

You represent and warrant that you possess the legal right to use the Site in accordance with the stated terms and usage policies.

Modification of these Terms of Use

You agree that ThinkLoud, Inc. and its licensors may make improvements and/or changes in the content, products, services, and programs described in this Site at any time without notice, and further agree that ThinkLoud, Inc. can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Third Party Content


ThinkLoud, Inc. is a distributor (and not a publisher) of Third Party Content. Accordingly, ThinkLoud, Inc. has no more editorial control over such content than does a library or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available as part of such Third Party Content are those of the respective author(s) or provider(s) and not of ThinkLoud, Inc.. Neither ThinkLoud, Inc. nor any provider of Third Party Content guarantees the accuracy, completeness, or usefulness of any Third Party Content, nor its merchantability or fitness for any particular purpose.

In many instances, the information available through the Site represents the opinions and/or judgments of the respective information provider. ThinkLoud, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized ThinkLoud, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will ThinkLoud, Inc. be liable for any loss or damage caused by a user's reliance on information obtained through the Site. It is the responsibility of user to evaluate the accuracy, completeness and/or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Links to Third Party Sites


This Site may be linked to other sites that are not under the control of or maintained by ThinkLoud, Inc.. You acknowledge that ThinkLoud, Inc. is providing these links to you only as a convenience, and further agree that ThinkLoud, Inc. is not responsible for the content or links displayed on such sites.

Password Restricted Areas of the Site

Certain areas of the Site are password restricted to authorized users ("Restricted Areas"). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify ThinkLoud, Inc. if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify ThinkLoud, Inc. of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Submissions


You acknowledge that you are responsible for the information and material that you submit (each a "Submission") through public and/or private posting areas, emails, or other services available in connection with this Site, and that you, and not ThinkLoud, Inc., will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the ThinkLoud, Inc. Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that ThinkLoud, Inc. shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission.

ThinkLoud, Inc. asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting Submissions to or otherwise using the Site, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Impersonate or represent ThinkLoud, Inc., our staff or other industry professionals.
  • Solicit a member's password or other account information.
  • Harvest user names or email addresses for any purpose.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Links to Merchants


ThinkLoud, Inc. also may provide you with links to certain third party merchants. However, each individual merchant is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. The purchase of any product or service from any merchant is a transaction solely between you and that merchant. ThinkLoud, Inc. does not guarantee, warrant or endorse any product or service sold by any merchant, nor does ThinkLoud, Inc. have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. ThinkLoud, Inc. has no responsibility or liability for any merchant or your relationship with any merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the applicable merchant. With respect to applicable taxes, the applicable merchant will advise you of the exact amount of tax due on your purchase, and ThinkLoud, Inc. has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

Unauthorized Activities

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain communications statutes and regulations and other applicable laws and regulations, as well as copyright laws, trademark laws, the laws of privacy and publicity. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold ThinkLoud, Inc. and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by ThinkLoud, Inc. or any other indemnified party relating to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

Disclaimer of Warranties


Your use of the Site is at your own risk. The Site may include certain inaccuracies or typographical errors that may affect the quality of the Materials and the Third Party Content. Neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by ThinkLoud, Inc., and you agree that ThinkLoud, Inc. does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. ThinkLoud, Inc. has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by ThinkLoud, Inc. or our licensors.

ThinkLoud, Inc., FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE OR ANY MATERIALS OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ThinkLoud, Inc. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE. IN NO EVENT SHALL ThinkLoud, Inc. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF ThinkLoud, Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Export Control


ThinkLoud, Inc. controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States.

General


ThinkLoud, Inc. does not monitor your postings to the Site. However, in our efforts to promote good citizenship within the Internet community, if ThinkLoud, Inc. becomes aware of inappropriate use of the Site or any of our services, ThinkLoud, Inc. will respond in any way that, in our sole discretion, ThinkLoud, Inc. deems appropriate. You acknowledge that ThinkLoud, Inc. will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, ThinkLoud, Inc. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, ThinkLoud, Inc. reserves the right to terminate service to you without notice. ThinkLoud, Inc.'s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by ThinkLoud, Inc. in our sole discretion, will result in immediate termination of service. You understand that ThinkLoud, Inc. has the right to terminate any account for any reason that ThinkLoud, Inc. interprets as an abuse of the account.

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of ThinkLoud, Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ThinkLoud, Inc. in writing. The Terms comprise the entire agreement between you and ThinkLoud, Inc. and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

US Government Rights

This Service includes Computing Reviews and other materials which are commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which were developed exclusively at private expense by ThinkLoud, Inc., 17 W. 17th Street, 7th Floor, New York, NY 10011. US Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the restricted rights provisions of FAR 52.227-19 (June 1987), as applicable, and any associated contract and/or purchase order signed between ThinkLoud, Inc. and a particular government agency.
Trademarks

Computing Reviews is a registered service mark of ThinkLoud, Inc.. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
Copyright Notice

All Web site design, text, graphics, the selection and arrangement thereof, are Copyright © 2000-2014 ThinkLoud, Inc.. ALL RIGHTS RESERVED. Any other use of materials on this Web site, including modification, distribution, or republication, without prior written permission of ThinkLoud, Inc. is strictly prohibited.
Copyrights and Copyright Agents


ThinkLoud, Inc. respects the intellectual property of others, and we ask our users to do the same. ThinkLoud, Inc. may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@computingreviews.com and provide ThinkLoud, Inc.'s copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ThinkLoud, Inc.'s agent for notice of claims of copyright infringement on this Web site can be reached as follows:

By mail: By phone: By email:
Ms. Mary-Lynn Bragg
17 W. 17th Street 7th Floor
New York, NY 10011
+1 (650) 812-3569 marylynn@thinkloud.com

 

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