This Terms of Service (“TOS”) is a legally binding agreement made by and between Passion Play , Inc. d/b/a Thumbtack Press, an Illinois corporation (“Thumbtack Press”, “we”, “us” and “our”), and you, personally and, if applicable, on behalf of the person who is under the age of 18 who is, or for whom you are, using this web site, and if applicable, the entity for whom you are using this web site (collectively, “you”, “your”, “yours”). This TOS governs your access to and use of http://www.thumbtackpress.com (“Web Site”) and the services offered by Thumbtack Press on the Web Site (“Services”), which includes, in particular, the sale and distribution of affordable works of art (“Art”), so please read them carefully. The content on our Web Site is valuable, and our allowing your access to our Web Site supports your agreement to this TOS. This TOS will also apply to all visitors, users, and others who access the Web Site and use the Services, whether or not they complete a purchase or send any content to us (“Users”).
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, THUMBTACK PRESS RESERVES THE RIGHT TO MAKE CHANGES TO THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE. We will post the amended TOS on this page and indicate at the top of the page the date the Agreement was last revised.
Using The Web Site.
You must have an adult’s permission. The Web Site is designed to be used by adults, or with the supervision and the express permission of an adult. Your use of the Services or sending content to us will be deemed to be a representation that you are 18 years of age or older, have the permission of your parent or legal guardian who is over the age of 18, or are otherwise an entity that can form legally binding contracts under applicable law. Under no circumstances may you use the Services, access the Web Site or provide any personal information about yourself to us if you are under the age of 13 years old without your parent’s or legal guardian’s supervision and consent. If we learn that we have collected personal information from a child under age 13 without your parent’s or legal guardian’s consent, we will delete that information as quickly as possible.
You must follow all laws. You must comply with all of the terms and conditions of this TOS, any policies referred to below or on the Web Site, and all applicable laws, regulations and rules when you use the Web Site.
Your rights and restrictions.
Right to use the Web Site. Subject to the terms and conditions of this TOS, you are hereby granted a limited, revocable, non-exclusive right to use the Services, Art and materials on the Web Site as required in the normal course of your use of the Web Site. You also may not, without Thumbtack Press’s prior express written permission, “mirror” any part of this Web Site or any content contained on this Web Site on any other server without the prior written permission of Thumbtack Press. If you do not follow the TOS, we may issue a warning, temporarily suspend, indefinitely suspend or terminate any of your right to use or access all or any part of the Web Site.
Respect the rights of others. Thumbtack Press works very closely with artists (“Artists”) to bring Users a variety of Art. The Artists and Thumbtack Press retain rights in the Art and the contents of the Web Site, and it is very important that Users respect these rights in order for Thumbtack Press to continue to offer the Services. Except in your ordinary use of the Web Site and as described below, Thumbtack Press has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content belonging to any third party, including the Artists and content from any other web site that you access from this Web Site. If we allow you to post anything on the Web Site or if you send anything to us, you may not use, post or send any third party intellectual property without the express written permission of the applicable third party, except as permitted by law.
We (and our licensors) hold the rights to the Art and Web Site. Thumbtack Press, the Artists and its licensors will retain ownership of our intellectual property rights, including without limitation rights in the Art, trademarks and other logos, and you may not obtain any rights therein by virtue of this TOS, creating content to send to us or otherwise, except as expressly set forth in this TOS. You may not use any of our trademarks or service marks in any way. For example, you may not use any such marks as links to this Web Site from other web sites, or as machine-readable search terms, unless you have our express permission by separate agreement. Notwithstanding, you may “share” links to the Web Site by using the third party sharing widgets we may provide on the Web Site. You may not attempt to reverse engineer any of the technology used to provide the Services.
Software Use Restrictions. Any software that is made available to download from or use within the Web Site (the “Software”) is the copyrighted work of Thumbtack Press and/or the manufacturers, authors, developers or vendors of such Software (the “Third Party Providers”). Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (each, a “License Agreement”). An end user will be unable to install and may not otherwise use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of such License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited. Installation assistance, product support and maintenance, if any, of the Software is available from Thumbtack Press and/or the Third Party Providers, as the case may be, in accordance with the terms of the License Agreement. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF ITS LICENSE AGREEMENT. EXCEPT AS SET FORTH IN SUCH LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
If you become aware of any conduct that violates this TOS, Thumbtack Press encourages you to contact firstname.lastname@example.org. Thumbtack Press reserves the right, but will have no obligation, to respond to such communications.
Registration. You do not have to register, create a user account, or otherwise provide us with any information in order to visit the Web Site. However, if you wish to purchase Art or otherwise access special features of the Web Site, including new features that may become available in the future, you will be required to register with us and create a user account (your “Account”), which will require that you provide us with certain contact (including a valid email address) information. If you are younger than 13, you will not be able to create an Account and instead must have your parent or legal guardian who is over the age of 18 create an Account. If you are over the age of 13 but less than 18 years old, you will be able to create an account with the permission of your parent or legal guardian who is over the age of 18. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete.
Consent to Communications from Thumbtack Press. Areas of the Web Site may request that you provide Thumbtack Press with your email address. By providing Thumbtack Press your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may opt-out of such Service-related emails by choosing the option stating you do not wish to receive such emails. We may also use your email address to send you other messages, including changes to features of the Services or news related to Thumbtack Press. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates or improvements. Under no circumstances should you respond to a request for any passwords or other personally identifiable information, particularly a request from an individual claiming to be an employee of Thumbtack Press. Thumbtack Press’s employees will never ask for passwords or other personally identifiable information. You must notify Thumbtack Press if you receive such a request.
Passwords. Once you register for your Account, you will be prompted for a valid User ID and Password whenever you want to make a purchase or access certain aspects of the site or your Account. When you create your Account, you will be required to create a password. We also recommend that you change your password often, with an interval of no more than 30 days between password changes. You are solely responsible for the activity that occurs on your Account, and you must keep your account password secure. You must notify Thumbtack Press immediately of any breach of security or unauthorized use of your Account.
Updates. You agree to update your Account with any changes to information you provided to us. You understand that it is important to keep the email address associated with your account current because although you may be able to log into your Account using an old email address, you will not receive messages from Thumbtack Press about your orders and other inquiries.
Prices. The price for an item on the Web Site may differ from the price shown in your shopping cart — this may occur because it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Web Site. If the price for the item on the Web Site is incorrect and is actually higher than the price provided at the time of purchase, then, at our discretion, we may either (i) contact you for instructions before shipping the item or charging you for such item; (ii) cancel the order for such item and notify you of such cancellation; or (iii) ship the item at the incorrect price to your benefit.
Payment. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order. We describe the types of payment we may accept at the time of purchase.
Descriptions. Descriptions, images, specifications, pricing and availability of any Art, products or Services are subject to change without notice. We reserve the right, with or without prior notice, to limit quantities of or to discontinue any piece of Art, product or Service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion. IF A YOU PURCHASE AN ITEM FROM THE WEB SITE THAT IS NOT AS DESCRIBED ON THE WEB SITE, YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
Risk of Loss. The risk of loss and title for all items purchased through the Web Site passes to you upon delivery of the item to the carrier.
Returns Policy. You understand and agree that all purchases are subject to our Return Policy which may be found at www.thumbtackpress.com/FAQ.
Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will be unable to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Overview. The Web Site offers numerous opportunities for interactive activities, which currently or in the future may enable you and other Users to communicate with each other directly, or which enable you and other Users to post information and other material that will be visible to other Users of the Services. To ensure a safe environment for all Users to freely participate and interact with the Web Site, you agree that all interaction with the Web Site by you may be used only for lawful purposes in accordance with this TOS.
Postings Become Public. If you are using any Services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Web Site and Services, such content can be seen by other Users, so please choose carefully the information that you post and/or provide to other Users ("User Created Content"). Thumbtack Press shall not be liable for any compensation, claims, or damages resulting from any use of any User Created Content, and you agree to defend and hold Thumbtack Press harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.
No Harassment. You may not post or transmit through the Web Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. You may not post or transmit through the Web Site anything to otherwise defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Web Site or any web sites linked to the Web Site.
Unauthorized Activities. You may not use the Web Site or Services or submit anything to us in a manner that: (a) involves, directly or indirectly, the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or otherwise uses the communication systems provided by the Services for any commercial solicitation purposes; (b) permits unauthorized access to restricted or password only access pages or hidden page or images (those not linked to or from another accessible page); (c) solicits or collects, manually or through an automatic process, passwords or personal identifying information about Users or other information related to the Web Site or the Services for commercial or unlawful purposes; (d) involves unauthorized commercial activities such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) includes a photograph or video of another person that you have posted without that person's consent; (f) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Web Site; (g) involves the use of viruses, bots, worms, Trojan horses, spiders, offline readers, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or any other methods or technology to interrupt, destroy or limit the functionality of the Web Site, Services, or any computer software or hardware; (h) covers or obscures the banner advertisements; (i) interferes with, disrupts, or creates an undue burden on the Web Site or the networks or services connected to the Services; (j) impersonates or attempts to impersonate another User, person or entity; misrepresents your affiliation with a person or entity, including (without limitation) Thumbtack Press, uses the account, username, or password of another User at any time or discloses your password to any third party or permits any third party to access your Account; (k) sells or otherwise transfers your Account; (l) uses any information obtained from the Web Site in order to harass, abuse, “cyber bully” or harm another person or entity, or attempt to do the same; (m) uses any meta tags or any other “hidden text” utilizing Thumbtack Press’s name, trademarks, or product names; (n) creates a risk of any other loss or damage to any person or property; (o) may constitute or contribute to a crime or tort; or (p) assists any third party in engaging in any activity prohibited by this TOS.
No Infringing Postings. You may upload to or otherwise submit to Thumbtack Press for distribution on the Web Site or as Art only: (i) User Created Content that is owned by you or is in the public domain; or (ii) User Created Content in which the owner or licensor has given express authorization for you and Thumbtack Press to distribute over the Internet and as Art for commercial purposes. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes, or otherwise use the Web Site to infringe, misappropriate, or otherwise violate, any copyright, patent, trademark, trade secret, right of publicity or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." Thumbtack Press is entitled to presume that all User Created Content conforms to the foregoing requirements.
Removal of Content or Accounts.
By Thumbtack Press. Thumbtack Press may review User Created Content submitted to the Web Site from time-to-time, but Thumbtack Press has no obligation to monitor User Created Content and undertakes no duty in this regard. However, Thumbtack Press reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Thumbtack Press reserves the right, in its sole discretion, to remove your profile and your Account and/or deny, restrict, suspend, or terminate your access to all or any part of the Services for any reason. Thumbtack Press takes no responsibility and assumes no liability for any User Created Content that you or any other Users or third parties submits, including without limitation for infringement of copyrights. Any loss or damage of any kind that occurs as a result of the use of any User Created Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Services is solely your responsibility. Thumbtack Press is not responsible for any public display or misuse of your User Created Content.
By You. We may allow you to delete certain User Created Content which appears on the Web Site itself. However, deleted User Created Content may persist in backup copies for a reasonable period of time. If another User obtained access to your User Created Content and copied or shared such content, your deletion of User Created Content will not delete copies of User Created Content shared by others.
Reporting. If you become aware of misuse of the Services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the “flag” feature on the page in question. Notwithstanding the foregoing, Thumbtack Press assumes no responsibility for ongoing monitoring of the Web Site or for removal or editing of any User Created Content, even after receiving notice. Thumbtack Press assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Web Site.
Your Content. By emailing or otherwise transmitting any content, including Art, to Thumbtack Press, you accept that you will, and you hereby, automatically grant Thumbtack Press, or represent and warrant that the owner or authorized licensor of such content has expressly granted Thumbtack Press, the non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute such content, including Art, in whole or in part worldwide and/or to incorporate such content, including Art, into other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such content, including without limitation any marketing materials related to the Web Site or Thumbtack Press in general. If you are under the age of 18, prior to submitting anything to us, you must provide your parent’s or legal guardian’s contact information, and your parent or legal guardian must agree to grant us the license described in this section of the TOS to your work. Subject to this grant, the licensor of any content you submit to Thumbtack Press retains any and all rights which may exist in such content. You understand that submitting your content is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. You hereby irrevocably waive any claims based on moral rights or similar theories, if any. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this TOS.
. All materials on the Web Site and available through the Services, including without limitation, Art, the logos, design, text, graphics, audio clips, video clips, other files, and the selection, arrangement and organization thereof are owned by Thumbtack Press, its licensors or other entities. Unauthorized use of such materials is strictly prohibited. Copyright © 2011 Thumbtack Press and its licensors. ALL RIGHTS RESERVED.
. Product names, logos, designs, titles, and words or phrases used on any Thumbtack Press web site, including, without limitation, “Thumbtack Press”™, are owned by Thumbtack Press, its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks or trade dress of Thumbtack Press. If you use such trademarks or logos, you must include appropriate attribution. All other trademarks, trade names and the like that appear on the Web Site or the Services are the property of their respective owners. You may not use any of these trademarks, trade dress, or trade names, or any confusingly similar marks, dress or names, including without limitation as a part of any link, without express permission.
. You may choose to or we may invite you to submit comments, testimonials, feedback, suggestions, ideas, and other submissions about the Services, including without limitation about how to improve the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Thumbtack Press under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation or credit to you. You acknowledge that, by acceptance of your submission, Thumbtack Press does not waive any rights to use similar or related ideas previously known to Thumbtack Press, or developed by its employees, or obtained from sources other than you. Such disclosure, submission or offer of any Ideas shall, and hereby does, constitute a perpetual, royalty-free, worldwide, irrevocable license to us of all right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Ideas and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. You should not submit any Ideas to us if you do not wish to license such rights to us. We are and will be under no obligation: (i) to maintain any Ideas in confidence; (ii) to pay to you or any third party any compensation for any Ideas; or (iii) to respond to any Ideas. You are and shall remain solely responsible for the content of any Ideas you make.
Intellectual Property Policy.
Thumbtack Press respects the intellectual property rights of others and expects its users to do the same. Thumbtack Press may remove content that in its sole discretion appears to infringe the intellectual property rights of others. It is also our policy to terminate the accounts of repeat offenders. If we remove or disable access to comply with the Digital Millennium Copyright Act we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
Infringement Notification. If you believe that content residing on or accessible through our website infringes a copyright for which you own or are a designated agent, please send a notice of infringement by fax or regular mail with the information that sets forth the items specified below. Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. To expedite our ability to process your request, please use the following format:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works at the Web Site are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Thumbtack Press to locate the material. Please provide a url for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say entire work ONLY if all assets / pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
- Send the document to Thumbtack Press’s designated Copyright Agent to receive notifications of claimed infringement. You may use either the address or the fax number given below:
Barry Friedland (Designated Copyright Agent)
c/o Thumbtack Press
600 W. Chicago Ave
Chicago IL 60654
We will review your claim and determine its merit. If, after our review, we believe your claim is sufficient to remove the information from public view, we will do so immediately and provide you with confirmation. If your claim is insufficient to act upon, or, in our consideration the material has been posted with a good faith effort and compliant with the DMCA, we will notify you and provide you opportunity to clarify or seek additional remedy.
How do I file a DMCA counter notice? The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. If you believe that your material has been removed improperly, you may file a counter notification. To file an official counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Elements of Counter-Notification. A sample counter notification may be found at: http://www.chillingeffects.org/dmca/counter512.pdf. To expedite our ability to process your counter notification, please use the following format:
- Identify the specific URLs of material that Thumbtack Press has removed or to which Thumbtack Press has disabled access.
- Provide your full name, address, telephone number, and email address, and the username of your Thumbtack Press account.
- Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or any judicial district in which Thumbtack Press may be found if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice.
- Send the written communication to the following address or fax number:
Barry Friedland (Designated Copyright Agent)
c/o Thumbtack Press
600 W. Chicago Ave
Chicago IL 60654
Third Party Sites
Linking and Framing
. You may not frame, inline link, or similarly display any Thumbtack Press content or property, including, without limitation, the Web Site without our express written consent.
Representations and Warranties.
You represent and warrant to Thumbtack Press that: (i) you have the full power and authority to enter into and perform your obligations under this TOS; (ii) your assent to and performance of your obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) this TOS constitutes legal, valid and binding obligations on you, enforceable in accordance with its terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in your use of the Web Site or the Services; and (v) you will comply with all applicable laws, rules and regulations in your use of the Services and the Web Site, including this TOS.
. You agree to defend, indemnify, and hold Thumbtack Press and its employees, representatives, agents, attorneys, affiliates, directors, officers, and members (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of this TOS by you, including violations of law or allegations of violation of privacy, publicity intellectual property rights related to content you submit, (ii) arising from, related to, or connected with your use of the Web Site or the Services, (iii) any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future). If you are obligated to provide indemnification pursuant to this provision, Thumbtack Press may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Thumbtack Press.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
DISCLAIMER OF WARRANTIES
. THUMBTACK PRESS PROVIDES THE WEB SITE, ART, SOFTWARE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. THUMBTACK PRESS DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, ART, SOFTWARE OR SERVICES OR THEIR USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS OR OTHERWISE CURRENT OR COMPLETE, (III) WILL MEET YOUR REQUIREMENTS, (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (V) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR (VI) OR THAT THIS WEB SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THUMBTACK PRESS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR WEB SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THUMBTACK PRESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THUMBTACK PRESS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
EXCLUSION OF DAMAGES
. To the maximum extent permitted by applicable law, in no event shall Thumbtack Press, its affiliates, DIRECTORS, associates, partners, agents, employees or representatives be liable for any INDIRECT, EXEMPLARY, PUNITIVE, special, incidental or consequential damages whatsoever (including but not limited to damages arising from breach of contract, warranty, tort or strict liability for loss of profits, loss of data, loss of goodwill, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever), arising out of or in any way related to the use of or inability to use the web site or services, regardless of the cause of action on which they are based, even if Thumbtack Press or such other PERSONS OR ENTITIES have been advised of the possibility of such damages.
LIMITATION OF LIABILITY
. IN NO EVENT WILL THE LIABILITY OF THUMBTACK PRESS IN CONNECTION WITH THIS TOS, THE WEB SITE OR SERVICES EXCEED $1,000.
. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO A USER DEPENDING ON HER, HIS, OR ITS STATE OF RESIDENCE.
. The Web Site and Services are controlled and operated from facilities in the United States. Thumbtack Press makes no representations that the Web Site and Services are appropriate or available for use in other locations. Those who access or use the Web Site and Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
. Thumbtack Press will not be liable for failing to perform under this TOS by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to Thumbtack Press to perform, fire, terrorism, natural disaster or war.
In light of Thumbtack Press’s substantial contacts with the State of Illinois, and your and our interests in ensuring that disputes regarding the interpretation, validity and enforceability of the TOS are resolved on a uniform basis, and Thumbtack Press’s execution of, and the making of, the TOS in Illinois, you agree that: (i) any claim, cause of action or dispute you have with Thumbtack Press and any litigation involving any noncompliance with or breach of the TOS, or regarding the interpretation, validity and/or enforceability of the TOS, must be filed and exclusively conducted in the state or federal courts in Cook County, Illinois; and (ii) the Agreement shall be interpreted in accordance with and governed by the laws of the State of Illinois, without regard for any conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in Cook County, Illinois for these purposes. Any claim or dispute between you and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Cook County, Illinois, unless submitted to arbitration as set forth in the following paragraph.
For any claim (excluding claims for violations of confidentiality, intellectual property, rights of publicity and privacy, or otherwise claims for injunctive or other equitable relief) under this TOS where the total amount of the award sought is less than $5,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Limitation of Actions.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Web Site or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Changes to the Web Site or Service.
Thumbtack Press may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Web Site or the Services, temporarily or permanently, at any time without notice to you, and Thumbtack Press will not be liable for doing so. This Web Site could include inaccuracies or typographical errors.
Termination. Thumbtack Press will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your access to the Web Site or Services, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of this TOS, or (ii) your violation of the rights of any third party.
Notices and Electronic Communications.
Except as otherwise specifically provided in this TOS, all notices required by or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (i) hand delivery, (ii) certified U.S. mail, return receipt requested, postage prepaid, (iii) overnight courier, or (iv) electronic mail. If you give notice to Thumbtack Press, you must use the address shown on the Web Site. If Thumbtack Press provides notice to you, Thumbtack Press must use the contact information provided by you to Thumbtack Press. All notices will be deemed received as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Software made available on this Web Site may be subject to United States export control laws, which state that certain software cannot be downloaded from this Web Site to certain countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Web Site, you represent and warrant that you are not located in, under the control of, or a national, or resident of any such country or on any such list. This TOS contains the entire understanding of you and Thumbtack Press regarding the use of the Web Site, and supersedes all prior and contemporaneous agreements and understandings between you and Thumbtack Press regarding its subject matter. This TOS will be binding upon each party hereto and its successors and permitted assigns. This TOS and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferable by you without the prior written consent of Thumbtack Press. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You and Thumbtack Press are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.