By accessing our Site, or when you register for, access or continue using our Services, you agree to these Terms. If you are using our Site or Services on behalf of your employer or another organization, you agree to these terms on behalf of that entity.
ThinkTank reserves the right to modify these Terms at any time without notice. Any change to these Terms will be effective upon posting of such updated Terms on the Site. The most current version of the Terms will be available to you by clicking the link at the bottom of the Site. By continuing to access the Site or use the Services after the date of any change to these Terms, you agree to be bound by such terms contained in the most recent version of these Terms.
The ThinkTank Services are an enterprise collaboration tool. Our Services allows you to brainstorm, plan, cooperate, and communicate with your colleagues, clients, and others. Through your use of these features, you may store notes, documents and other content (“Your Content”) that you upload to the Services. You can also message or conference with other users. The Services include access to our help site, the Customer Success Center at https://success.thinktank.net/ and these Terms apply to that Site as well.
In order to confirm which of these Terms apply to you, you should identify your account type below. You may be required to create an account and specify a password in order to use certain services or features on the Site. You agree to keep your sign on credentials secure, sign out when you are done with the Site or Services, and change your password no less frequently than every six (6) months. You are solely responsible for activities that take place under your account.
General Site Access:
Site Visitor: You may be invited by us to register on the Site, including providing your name, email address, company affiliation, and any information you choose to provide us in order to help us determine your needs related to our Services and to participate in receiving information such as notifications and access to blog posts.
Users of the Services: A “User” of the Services is an individual who has been authorized to access the Services by ThinkTank or a ThinkTank Customer. A “ThinkTank Customer” is an enterprise who has entered into an agreement with ThinkTank to use the Services for the purposes specified in that agreement.
Participant Users: If you are granted access to the Services as a client of, or otherwise are a participant invited by, a ThinkTank Customer, these Terms govern your access and use of the Site and Services. You will need to enter your email address and a user name to participate in the use of the Services. In some cases, an account may be assigned to you by an administrator for a ThinkTank Customer. In that case you will be required to create a secure password as a part of this process.
Customer Users: If you are an employee of, or individual under contract with, a ThinkTank Customer and are accessing the Services through an account linked to, created or maintained by a ThinkTank Customer, your access and use of the Services will be governed by the terms of the Master Subscription Service Agreement (or an equivalent enterprise agreement) between that ThinkTank Customer and ThinkTank (“Customer Agreement”). The terms of the Customer Agreement will prevail in the event of conflict with these Terms. The ThinkTank Customer has control over your account and may place additional restrictions on your use of the Services and the ThinkTank Customer administrator may be able to access or disable your account without our involvement. You warrant that you will, comply with the ThinkTank Customer’s policies related to use of the Services, including, without limitation, any applicable acceptable use, privacy and confidentiality policies.
All Users - User Information
ThinkTank will only request basic information necessary to set up your account on the Site or to use the Services, including your name, email address, company affiliation and certain preferences. IF YOU CHOOSE TO MAKE ANY ADDITIONAL PERSONAL INFORMATION OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES, OTHER USERS AND THE THINKTANK CUSTOMER WHICH CONTROLS YOUR USER ACCOUNT WILL BE ABLE TO ACCESS THIS INFORMATION. IN SUCH CASE, YOU SHARE YOUR PERSONAL INFORMATION AT YOUR OWN RISK. You are solely responsible for the accuracy, quality and legality of any information (including Your Content as defined below) you provide as a part of your access to the Services. We reserve the right to remove from the Services, with or without notice to you, any of Your Content which we determine, in our sole discretion, to be in violation of these Terms, or if we believe we are legally required to do so. We are not liable in any way for the disclosure to or unauthorized access by other users to Your Content made available to others during a brainstorming session. If you fail to comply with the foregoing and, in ThinkTank’s judgement, your failure to comply threatens the availability, legality, security, or integrity of the Services, ThinkTank may immediately suspend your access to the Services.
Subject to the termination provisions below, ThinkTank grants to you a non-exclusive, non-transferable limited right to access and use the Site and Services pursuant to these Terms. Participant and Customer Users may only use the Services related to the ThinkTank Customer authorizing their access to the Services. You agree to (i) use reasonable care to prevent unauthorized access to or use of the Site and Services and notify ThinkTank promptly upon becoming aware of any such unauthorized access or use; (ii) use the Services only in accordance with any help or user guides in the Customer Success Center or other written instructions or tutorials provided to you; and (iii) use the Services only as expressly allowed under this Agreement and in accordance with all applicable laws and government regulations.
PROHIBITED USES OF THE SITE AND SERVICE
In order use the Site or Services, you must be at least 18 years of age and fully competent to understand and agree to these Terms. You may not use the Services if you are under the age of 18.
You agree you will not, nor permit any third party to, do any of the following acts:
(i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover the source code, underlying ideas or algorithms of the Services;
(ii) wilfully tamper with the security of the Services;
(iii) access data on Services not intended for your use;
(iv) attempt to probe, scan or test the vulnerability of the Services or to breach the security or authentication measures;
(v) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit the Services or make the Services available to or use the Services for the benefit of a third party other than as authorized in these Terms;
(vi) publish or disclose to third parties any evaluation or benchmarking results of the Services without ThinkTank’s prior written consent;
(vii) remove, modify, obscure any copyright, trademark, patent or other proprietary notice that appears in the Services;
(viii) create any link to the Services or frame or mirror any content contained or accessible from the Services;
(ix) use the Services in a manner that is contrary to applicable local, state, federal and foreign laws, including but not limited to violation of any third party rights of privacy or intellectual property rights or engage in harmful, hateful, obscene, discriminatory, harassing, libelous, defamatory or threatening actions;
(x) collect or store personal data about other users of our Site or Services or solicit personal information from any individual;
(xi) download, store, share, disclose or distribute any content from the Services or other users without express written permission; or
(xii) publish, post, upload or otherwise transmit information or content that contains any spam or other solicitations or any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another.
ThinkTank reserves the right to remove any of Your Content posted in breach of these warranties and covenants. Further, ThinkTank reserves the right to suspend, deactivate, terminate or otherwise take any reasonable action against users who violate these Terms.
YOUR USER CONTENT
When you use the Site or the Services, you may choose to contribute Your Content. As between you and ThinkTank, you (or your enterprise) will retain full ownership of Your Content. You grant ThinkTank and our agents, licensees, service providers and assigns a worldwide, perpetual, fully-paid, non-exclusive, irrevocable license and permission to copy, use, modify, store, host, reproduce, transmit, encode, create derivative works of, exhibit, distribute, publicly perform, publish, and display Your Content to the Site or Services Users and as necessary to provide the Services, in all formats and media now known or hereafter invented. When you upload Your Content, you represent and warrant that you have all rights necessary (including intellectual property rights and right to disclose under any confidentiality obligations you may have to your employer and others) to upload Your Content and that we may use Your Content as described herein. You agree to indemnify and hold ThinkTank, its affiliates, licensors and agents harmless from all claims based on Your Content, your access and use of User Content and/or your use of the Site and the Services. We do not guarantee nor represent that Your Content will be free from loss, theft, misuse, or unauthorized access, disclosure, alteration or destruction. In no event will we be liable for loss or corruption of Your Content, and you acknowledge that it is your responsibility to keep your own backup copies of Your Content, and to use a secure encrypted connection if you wish to protect Your Content when you are transmitting it to us.
YOUR ACCESS TO USER CONTENT
You may have access to User Content when you use the Services. We are not responsible for, and do not endorse, User Content. Accordingly, we may not be held liable, directly or indirectly, for any harm, loss or damage caused to you in connection with any content posted by another User, Customer or other third party.
TERM AND TERMINATION
Your right to use the Services under these Terms will continue until your access is terminated by ThinkTank based on (i) the termination of the Customer Agreement, (ii) your removal as an authorized user by the Customer, or (iii) your material violation of these Terms. You acknowledge that if your access to the Services is suspended. revoked, or otherwise removed you may no longer have access to your user information and Your Content, and that if your account is terminated, we may delete all of Your Content and other files associated with your account unless we are legally required to maintain it. Under the terms of our license to Your Content (above) we reserve the right to delete Your Content or, alternatively, to retain it for so long as we deem necessary, including indefinitely, if such content is in use by the Customer.
PATENT, COPYRIGHT AND TRADEMARK NOTICE
Except for any Third-Party Components (see below) this Site and its entire contents, features, and functionality, and the Services (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, logos, videos, and audio recordings, and the design, selection, and arrangement thereof) are owned or licensed by ThinkTank, and is protected to the full extent of U.S. and international patent, copyright and trademark laws. Except as expressly permitted by these Terms, any use, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.
THIRD PARTY COMPONENTS
You agree that any and all suggestions, comments, and feedback that you submit at or via this Site in connection with the Services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. ThinkTank also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
DISCLAIMER AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT NEITHER THINKTANK, NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THINKTANK BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM OR MOBILE DEVICE, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THINKTANK BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES OR THE SITE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
You agree to defend, indemnify, and hold harmless ThinkTank and each of its respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting from your violation of these Terms or misuse of the Services or the Site, including such violation or misuses conducted by your employee or agent.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials available on the Site or as a part of the Services infringe your copyright, you (or your agent) may send ThinkTank a notice in compliance with the Digital Millennium Copyright Act (the “DMCA”, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send ThinkTank a counter-notice. Notices for should be sent to:
GroupSystems Corporation d/b/a ThinkTank
1800 Wazee Street, 3rd Floor
Denver, CO, 80202
Attn: Legal – DMCA
GOVERNING LAWS; INTERPRETATION
Except where the following is not permitted by applicable law or unless it is otherwise superseded by the terms of the agreement between the Customer and ThinkTank, these Terms are governed by and construed in accordance with the laws of Colorado, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the state and federal courts located in Denver, Colorado, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. We each agree to waive our respective rights to a trial by jury. If any provision of these Terms is determined to be unlawful, void or unenforceable for any reason, the other provisions will not be affected by this determination and will remain valid and enforceable and the invalid provision will be modified as necessary to make it valid and enforceable. If you fail to comply with these Terms, but we choose not to take action in response to your noncompliance, our failure to take action does not mean we are giving up any rights that we may have to take action in the future under these Terms.
You consent to receive electronically any communications related to your use of the Site or the Services. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.
Except as otherwise set forth in these Terms, you should direct any legal notice in connection with the Services to: GroupSystems Corporation d/b/a ThinkTank, 1800 Wazee Street, 3rd Floor, Denver, CO, 80202, ATTN: Legal, or at firstname.lastname@example.org.