Terms Of Service

The Thinkering Terms of Service

TERMS OF SERVICE

 

These Terms of Service apply to TheThinkering.com, as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Service appears (collectively, the "The Thinkering Services"). As used herein, "we," "us" and "our" refers to The Thinkering, L.P. (the "The Thinkering").

 

These Terms of Service apply to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).

 

These Terms of Service and any other terms that appear on the page from which you were directed to these Terms of Service govern your use of this The Thinkering Service. If there is a conflict between these Terms of Service and any such other terms, these Terms of Service will control. If you have purchased access to this The Thinkering Service through a third party (for instance, an online store that sells applications), such third party is not a party to these Terms of Service, and in the event of any conflict between the terms that apply to your purchase of the The Thinkering Service from such third party and these Terms of Service, such third party terms will control.

 

These Terms of Service may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically. You agree that your use of the The Thinkering Services is subject to the Terms of Service then in effect. Continued access to the The Thinkering Services by you following any modification in the Terms of Service will constitute your acceptance of the Terms of Service as modified. If you do not agree to be bound by all of the terms set forth below, do not use any The Thinkering Services.

 

THE THINKERING SERVICES PROVIDED "AS-IS, AS-AVAILABLE"

 

The materials comprising the The Thinkering Services are provided by the The Thinkering as a service to you for your noncommercial, personal use on an "as-is, as-available" basis. The materials may be used by you for informational purposes only. You acknowledge that you are using the The Thinkering Services at your own risk. The Thinkering may add features to or remove features from the The Thinkering Services at any time and from time to time in its sole discretion.

 

The The Thinkering assumes no responsibility for any errors or omissions in the materials comprising the The Thinkering Services. The The Thinkering makes no commitment to update the information on the The Thinkering Services. No advice or information given by the The Thinkering or any other party on the The Thinkering Services shall create any warranty or liability. Further, the The Thinkering is not responsible for any content transmitted or posted to the The Thinkering Services by a third party. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the The Thinkering. (See below regarding "User Content.")

 

The The Thinkering periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. The The Thinkering shall have no liability for the resulting unavailability of the The Thinkering Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.

 

The The Thinkering makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the The Thinkering Services, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. The The Thinkering makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other sites and any other items on the The Thinkering Services or accessed via the The Thinkering Services, or that the The Thinkering Services will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the The Thinkering, its parents, subsidiaries, affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with the The Thinkering Services, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law.

 

The The Thinkering is not responsible for, and does not control, any third party content or advertisements which are posted on the The Thinkering Services, nor does it take any responsibility for the goods or services provided by its advertisers. Some of these third party sites may be co-branded with a The Thinkering logo, even though they are not operated or maintained by the The Thinkering (for example, special sections appearing online are hosted and maintained by third parties). When visiting other web sites or sections of the The Thinkering Services that are operated or maintained by a third party, you should refer to each such web site's individual "Terms of Use".

 

COPYRIGHT

 

All materials contained in the The Thinkering Services, including software, text, videos, photographs, images, sound files and other materials (collectively, "Content"), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either the The Thinkering or, in the case of content licensed by the The Thinkering from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Service. You may download freely-accessible Content (one copy per page) from the The Thinkering Services for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. Any third party materials transmitted or posted to the The Thinkering Services become the copyrighted property of the The Thinkering, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by the The Thinkering. If you violate these Terms of Service, your permission to access the The Thinkering Services terminates and you must immediately destroy any copies you have made of the Content.

 

The The Thinkering does not permit infringement of intellectual property rights on the The Thinkering Services. If you believe that any Content on the The Thinkering Services infringes your copyright or other intellectual-property rights, you may notify the The Thinkering by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to the The Thinkering's Copyright Agent:

 

Cyna J. Alderman

The Thinkering, L.P.

4 New York Plaza, 6th Floor

New York, NY 10004

(t) 212.210.1555

(f) 212.210.6305

webmaster@nydailynews.com

 

By accessing the The Thinkering Services, including without limitation, any digital service made available by the The Thinkering, you specifically acknowledge and agree that: (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) The Associated Press will not be liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (d) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of AP materials or any portion thereof at any time.

 

IMPERMISSIBLE USES OF THE THE THINKERING SERVICES

 

You agree not to: (a) systematically retrieve data or other Content from the The Thinkering Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise; (b) use any trademarks, tradenames or other intellectual property of the The Thinkering or any other party from the The Thinkering Services as metatags on other websites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; or (d) delete or revise any material posted by another user. The following activities on the The Thinkering Services are expressly prohibited: (i) any use of the The Thinkering Services, which in The Thinkering's sole judgment, degrades the reliability, speed, or operation of the The Thinkering Services or any portion of the The Thinkering Services or any underlying hardware or software thereof, (ii) any attempt to gain unauthorized access to the The Thinkering's computer systems or networks; and (iii) any use of the The Thinkering Services which is unlawful or in violation of these Terms of Service.

 

TRADEMARKS

 

The The Thinkering, NYDailyNews and all other trademarks, trade names, logos and other intellectual property owned by the The Thinkering are the property of the The Thinkering and cannot be used without the The Thinkering's express prior written permission.

 

USER CONTENT

 

The The Thinkering may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the The Thinkering Services (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. The The Thinkering does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

 

You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another's privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant The Thinkering all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the The Thinkering Services such as computer viruses, spyware, spiders, crawlers, data mining tools, bots, worms, bombs, or trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person's full name or personal or identifying information without that person's authorization; or (i) violates the law or otherwise violates these Terms of Service.

 

In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the The Thinkering to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the The Thinkering Services and these Terms of Service; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the The Thinkering Services and these Terms of Service; and (iii) it complies with these Terms of Service.

 

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not the The Thinkering, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of the The Thinkering publishing such User Content. The The Thinkering does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, the The Thinkering shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Service or is otherwise objectionable, as determined by the The Thinkering in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to legal@nydailynews.com, and any promise by the The Thinkering to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of The Thinkering.

 

You agree to indemnify the The Thinkering and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the The Thinkering Services, your transmission or posting of User Content, your unauthorized use of material obtained from the The Thinkering Services, your breach of these Terms of Service, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. The The Thinkering reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

 

By transmitting or posting User Content, you grant the The Thinkering the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the The Thinkering Services, in connection with the print or online edition of the The Thinkering or NYDailyNews.com, in connection with the The Thinkering's (and our successors') business, in connection with promoting and redistributing part or all of the The Thinkering Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution. You waive any moral rights you may have in the User Content. You also grant each user of the The Thinkering Services a non-exclusive license to access your User Content through the The Thinkering Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the The Thinkering Services and under these Terms of Service.

 

USER ACCOUNTS AND PASSWORDS

 

To use certain optional features and functions of the The Thinkering Services, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.

 

You are responsible for actions undertaken by those using your user account(s) and password(s). The The Thinkering, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Service.

 

The The Thinkering may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if the The Thinkering determines that you have posted or transmitted infringing User Content more than once.

 

PURCHASES

 

You may be able to use the The Thinkering Services to purchase optional goods or services by providing a valid credit card or other payment method (your "Payment Method"). By making such a purchase, you authorize the The Thinkering to bill your Payment Method. Unless expressly stated otherwise at the time of purchase, all purchases are final and nonrefundable. All currency references are in U.S. dollars.

 

In order to process your Payment Method, the The Thinkering may provide information regarding your Payment Method and user account to a third-party processor (the "Payment Processor"). The The Thinkering makes no representations about any Payment Processor's privacy practices.

 

If a purchased good or service is subject to shipping, shipping methods and delivery times cannot be guaranteed. You agree that the The Thinkering is not responsible for any production or shipment delays beyond its control, including fire, accident, acts of God, strike, carrier delays, power, or system failure

 

PRIVACY POLICY

 

The The Thinkering has established a Privacy Policy, as modified from time to time, which explains how information is collected on the The Thinkering Services and used. The Privacy Policy is part of these Terms of Service and is incorporated herein by reference.

 

ADVERTISING

 

All advertising on the The Thinkering Services is subject to the Digital Advertising Terms and Conditions or Programmatic Platform Terms and Conditions, as applicable, as modified from time to time. All classified advertising placed using the The Thinkering's online ad placement service is subject to the Terms and Conditions of Use for the online ad placement system. The Digital Advertising Terms and Conditions, Programmatic Platform Terms and Conditions, and the Terms and Conditions of Use for classified advertising are part of these Terms of Service and are incorporated herein by reference.

 

SMS

 

Message and Data Rates May Apply. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode, email support@gumiyo.com, or call 855-455-9140. Supported shortcode is 48696. Supported carriers include Alltel AWCC, Associated Carrier Group (ACG), Boost, Cincinnati Bell, Cricket, Google Voice, Metro PCS, Rural Carrier Group, Sprint, Tier 2/3 Carrier Group, T-Mobile, US Cellular, Verizon, Virgin Mobile, AT&T Mobility. Read our Privacy Policy.

 

Governing Law, Jurisdiction and Choice of Forum

 

You agree that any claim, action or proceeding arising out of these Terms of Service, or your use of the The Thinkering Services, shall be governed by and construed in accordance with the substantive laws of the State of New York and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.

 

No Waiver

 

The failure of the The Thinkering to exercise or enforce any portion of these Terms of Service shall not constitute a waiver or modification of any such right or position.

 

General

 

The section titles used in the Terms of Service are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms of Service.

 

If any portion of these Terms of Service is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties' intention as reflected in that portion and the portion shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect.

 

These Terms of Service constitute the entire agreement between you and the The Thinkering with respect to the subject matter hereof and supersedes any other agreements, written or oral.

 

RSS Terms

 

These RSS Terms apply to all uses of the The Thinkering’s RSS feeds. The use of RSS feeds is also subject to our Terms of Service. If you have questions about use of our RSS feeds, or to request our permission to deviate from the requirements set forth below, please contact us at product@nydailynews.com.

 

RSS feeds are provided for personal, non-commercial use only. Any other uses, including, without limitation, (i) the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS content and (ii) licensing of RSS content, are strictly prohibited.

For any article, you may not display more text than we provide in the RSS feed.

All text from our RSS feed must displayed in the manner in which we provide the text. You may not edit, translate, or reformat the content that we provide, or create derivative works from the content we provide. You must retain all links to the original The Thinkering article on nydailynews.com, as well as any other hyperlinks or notices in the feed.

You must ensure that all excerpts link directly to nydailynews.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.

Any photographs or other images that you display must be low-resolution (no greater than 72 dpi) and in a size no greater than 640x480.

You must retain the attribution and by-line provided in the RSS feed in original form, and you must prominently credit the The Thinkering in connection with each RSS excerpt that you publish.

You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.

You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.

You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of the The Thinkering. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person's right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.

You will promptly remove our RSS feeds upon our request, and will not store or archive any of our feeds.

We are not liable for your use of our RSS feeds or any related activity.

We may limit, suspend, or terminate your access to and use of our RSS feeds at any time at our sole discretion.

We retain all ownership and other rights in the content of the RSS feeds, and in any and all The Thinkering logos and trademarks used in connection with the RSS feeds.

BY DOWNLOADING, ACCESSING OR OTHERWISE UTILIZING A THE THINKERING RSS FEED, YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO CHANGE ANY OF THESE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF OUR RSS FEEDS CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES.