Effective Date: As of October 1, 2011
1. Acceptance of Terms of Service
Ben Patterson and Here’s the Thing (collectively, “Here’s the Thing”) operate this website (the “HTT Site”). These Terms of Service set forth the terms and conditions that apply to your use of the HTT Site. From time to time, Here’s the Thing may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products and product partnerships, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the HTT Site to be viewed in connection with the specific content, including, but not limited to, printed, visual, audio, and audiovisual content, services, products and product partnerships, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
BY USING THE HTT SITE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH HERE’S THE THING. If you do not agree to be bound by these Terms of Service, please discontinue your use of the HTT Site. The HTT Site is provided free of charge to you (unless otherwise indicated).
All content available on the HTT Site may be viewed simply by visiting the HTT Site. Additionally, you may be prompted to share content from the HTT Site via your Facebook, LinkedIn or Twitter accounts (or any similar social networking sites) after performing certain actions, such as “liking”, sharing, recommending or commenting on a blog post (“Posts”). However, any unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the HTT Site, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
You are not required to provide any Personally Identifiable Information on the HTT Site, though you may share Posts or other HTT content via your Facebook, LinkedIn, Twitter, and other authentication systems.
Here’s the Thing reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your ability to access the HTT Site and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Here’s the Thing, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Here’s the Thing may modify these Terms of Service from time to time in its sole discretion. Each time you use the HTT Site, you will be deemed to have accepted any such changes. Here’s the Thing shall have no obligation to notify you of any such changes other then posting such modifications on the HTT Site, but Here’s the Thing reserves the right (at Here’s the Thing’s discretion) to provide you notice of such changes to any e-mail address you have provided to Here’s the Thing, or post office address you have provided to Here’s the Thing.
5. Modifications of the HTT Site
Here’s the Thing may modify or discontinue the HTT Site, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party.
6. Use of the HTT Site
A. Minimum Age Requirement
You represent to Here’s the Thing that you have the authority to register with and/or visit the HTT Site according to these Terms of Service. Here’s the Thing does not encourage anyone under the age of majority nor solicit anyone under the age of 13 to comment on or utilize the HTT Site.
B. Content of Messages
You alone are responsible for the content of your messages, post comments or any materials you transmit to Here’s the Thing or to others via the HTT Site (“Your Content”), and any consequences thereof. Please carefully consider the details of, use and dissemination of Your Content on the HTT Site. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the HTT Site that is accessible to the general public nor provide such personally identifying information to people you do not know. Here’s the Thing assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the HTT Site.
You further agree that you will not use the HTT Site to post on message boards, blogs, profiles, comments or any place on the HTT Site, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the HTT Site. Here’s the Thing reserves the right to delete any such material from the HTT Site. Here’s the Thing will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Here’s the Thing. You agree not to post or use the HTT Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the HTT Site is protected by copyright, trademark and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the HTT Site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Here’s the Thing may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by viewing, copying or downloading such materials.
By submitting content to the HTT Site, including message boards, forums, contests, sweepstakes, promotions or advertising deals, newsletters, public profiles, comments or chat rooms, you grant Here’s the Thing a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the HTT Site retains any and all Rights that may exist in such content.
Here’s the Thing is not obligated to review or confirm the validity of any content posted by users prior to the content’s posting to any area of the HTT Site, including any private profile. Content posted by any user to the HTT Site does not reflect the opinions or views of Here’s the Thing, its parent, subsidiaries or affiliates and their respective employees, contractors and partners (“HTT Parties”). Here’s the Thing makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Here’s the Thing members through any Here’s the Thing service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS, PROMOTIONAL/DISCOUNT OFFERS OR ANY OTHER AREA ON THE HTT SITE, YOU HEREBY EXPRESSLY PERMIT HERE’S THE THING TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY HERE’S THE THING IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
C. Non-Commercial Use
The HTT Site, its products, services, digital products, events, courses and any other element of the HTT Site are only for the personal use of visitors and may not be used in connection with any commercial endeavors except those that are specifically pre-approved by Here’s the Thing in writing. Illegal and/or unauthorized use of the HTT Site, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of visitors or contributors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the HTT Site is prohibited. In furtherance thereof, you agree that you will not use the HTT Site for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms & Conditions.
7. Member Disputes
You are solely responsible for any interaction with other visitors to the HTT Site. Here’s the Thing reserves the right but shall have no obligation to monitor disputes between you and any other visitor to the HTT Site.
8. Intrastate Nature of Communications
When you comment on the HTT Site and/or any service therein, you acknowledge that in using the Here’s the Thing services to send electronic communications, you will be causing communications to be sent through Here’s the Thing’s computer networks. As a result, and also as a result of Here’s the Thing’s business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the Here’s the Thing communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third-Party Services
You may click through to the third-party order page for services or merchandise through the HTT Site from other persons or entities not affiliated with Here’s the Thing (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Here’s the Thing makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Here’s the Thing nor will Here’s the Thing be construed as a party to such transactions, whether or not Here’s the Thing may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the HTT Site infringe your copyright, you (or your agent) may send Here’s the Thing a notice requesting that the material be removed or access to it be blocked, within a reasonable amount of time after such request is made and validated. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Here’s the Thing to locate the material on the HTT Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Here’s the Thing a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Ben Patterson, Founder, Here’s the Thing, P.O. Box 310406, Brooklyn, NY 11231.
Here’s the Thing suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE HTT SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE HTT SITE, IS AT YOUR SOLE RISK. THE HTT SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HERE’S THE THING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
HERE’S THE THING MAKES NO WARRANTY THAT THE HTT SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE HTT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HERE’S THE THING MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HTT SITE. HERE’S THE THING WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE HTT SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HTT SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT HERE’S THE THING DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE HTT SITE. HERE’S THE THING IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HERE’S THE THING IS ENGAGED IN RENDERING LEGAL, BUSINESS, CONSULTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. HERE’S THE THING ENCOURAGES YOU TO SEEK ADDITIONAL PROFESSIONAL ADVICE AND NOT RELY SOLELY ON THE INFORMATION PROVIDED ON THE HTT SITE.
HERE’S THE THING SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE HTT SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE HTT SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OR ANY OTHER HTT ONLINE SERVICES, OBTAINED BY YOU FROM HERE’S THE THING OR THROUGH THE HTT SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HERE’S THE THING MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE HTT SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE HTT SITE.
HERE’S THE THING IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE HTT SITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH HERE’S THE THING MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HERE’S THE THING WITH RESPECT TO SUCH SITES.
12. Limitation of Liability
HERE’S THE THING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE HTT SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE HTT SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF HERE’S THE THING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of the HTT Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the HTT Site, the violation of these Terms of Service by you, or the infringement by you of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the HTT Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
15. Remedies for Breach of these Terms by You
In the event that Here’s the Thing determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the HTT Site, Here’s the Thing reserves the right to (i) delete any or all content provided by you or your agent(s) to The HTT Site and (ii) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (iii) any other action which Here’s the Thing deems to be appropriate.
If your ability to access the HTT Site, any other Here’s the Thing community and/or any other service, product, content, course, event, tool or digital product provided to you by Here’s the Thing is discontinued by Here’s the Thing due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the HTT Site, then you agree that you shall not attempt to access the HTT Site through use of a different name or identity or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses, events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Here’s the Thing reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii) and (iii) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Here’s the Thing may assign its rights and obligations under these Terms of Service and upon such assignment Here’s the Thing may be relieved of any further obligation hereunder.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Here’s the Thing, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.