Updated October 6, 2010

TERMS OF USE

The use and/or visitation of Thoughts.com entail your consent to abide by the following Terms and Conditions, which set forth all legally binding agreements between you and Thoughts.com, L.L.C. (Thoughts.com). By accessing this website and/or using the membership services you agree to all terms set forth, which you are advised to carefully read and print for your records. Anyone who does not agree with the Terms and Conditions herein must cease from accessing Thoughts.com. You agree to relieve Thoughts.com from any liability whatsoever pertaining to your use of this website as well as any indirect use of all third party websites. At any time, Thoughts.com reserves the right to make changes to this agreement, which shall be posted at the effective time of change, and for which you agree to be bound by for continued visitation and use of this website. As such, all member's are advised to regularly visit and read this page. Thoughts.com will in no way be held responsible for entries and media posted by its users. All obscene or sexually explicit and exceedingly violent content should be reported as an "Inappropriate Entry,” at which time it shall be removed if found to meet exclusion criteria. In its sole discretion, Thoughts.com reserves the right to decline access to this website and/or restrict postings, including private messages, without prior notice and liability, and to remove users who pose threats to other members.

WEBSITE ACCESS

As deemed by your compliance of these Terms and Conditions, you are given permission to use this website by Thoughts.com. Your consent to do so is limited to non-commercial use. Unsolicited emails, posts of commercial advertisements, affiliate links and any other form of commercial promotion may be removed without prior notice and may result in your expulsion. By using this website, you agree that you are 14 years of age or older. You agree to abstain from the use of, but not limited to, automated systems, such as "bots" or "spiders" that send automated requests to the Thoughts.com servers. You also agree to cease from harvesting member information from this website to be used for commercial solicitation. Any unauthorized and illegal use of this website may result in appropriate legal action.

No part of this website shall be altered or used for any other purpose than its intended use, nor is any part of this website permitted to be copied and/or distributed without obtaining prior written authorization from Thoughts.com. At the time of registering a member account, you must provide accurate information and continue to maintain the accuracy of this information. You are responsible for all activity that takes place under your account. The sharing of passwords and use of other member's accounts is strictly prohibited. You are responsible for keeping your account password secure, and should immediately notify Thoughts.com of any security breaches to your account.

USER SUBMISSIONS

Thoughts.com reserves the right to delete any content postings which are in violation of these Terms and Conditions. Any content that is deemed to be offensive, in violation of personal rights or jeopardizes the safety of any person is subject for removal. Thoughts.com is not responsible for monitoring the posting of content by its members, or for the conduct of said members, and as such, is under no obligation to alter or delete objectionable content. All questionable content should be brought to the attention of Thoughts.com by flagging entries with the "Inappropriate Entry" tag available on all postings. Members are individually responsible for content posted through their accounts. Thoughts.com makes no warranties, express or implied, regarding the validity and veracity of any content posted by its members. Said content reflects neither the policies nor views of Thoughts.com.

PROHIBITED CONTENT

Thoughts.com reserves the right to take appropriate actions regarding prohibited content which include, but are not limited to, removing prohibited entries, terminating users and accounts from which prohibited content originates and taking appropriate legal action when circumstances warrant doing so. Prohibited entries include, but are not limited to, content of the following nature:

Spam and Abuse:

Thoughts.com does not permit spam or abuse. Any accounts engaging in the activities listed below are subject to temporary or permanent suspension.

Not Spam:

Professional content is not spam and is allowed on Thoughts.com posts and within comments for posts that contain related content. This includes valuable content or links written for the purposes of promoting a business opportunity or product. 

Pornography & Obscenity:

Images that clearly display physical sexual acts, including non-artistic frontal nudity, promote pornography or any illegal activities/situations shall be considered pornographic.

Harmful Acts:

This content includes but is not limited to images and content showing the acts of violence.

Hate Speech:

This content includes but is not limited to racial slurs and discrimination against a group of people. (i.e., using vulgarities in reference to them, posting racist words/slang/comments.)

Personal Attacks:

This content includes but is not limited to attacks that directly target another person on the site in a threatening or harmful way.

INFRACTION PROCESS

Once a member begins violating our Terms of Use in any way, administrative warnings and actions will be applied according to the following process and guidelines:

CONTENT RIGHTS

Thoughts.com does not claim ownership or rights to any content, photos, videos, audio or other works of authorship posted on this website by its members. After posting content on Thoughts.com, you will continue to hold all ownership rights to your posted content, as well as all rights to use your content in any way, shape or form according to your discretion. On this site, such content must be within the limitations of prohibited content as deemed by these terms and conditions. By posting content on this site, you are hereby granting Thoughts.com a limited license for using, altering, duplicating and distributing such content on Thoughts.com and through Thoughts.com services and linking. As a limited license, this means that your content is subject to global reach via the internet, is royalty free (not subject to fees imposed on Thoughts.com) and that you are free to post and license the same content to other parties outside of Thoughts.com (non-exclusive). Upon posting content, you hereby warrant that you are the owner of the content or have rights to grant a limited license on said content. You also warrant that any content posted by you is not in violation of copyright laws, contracts, privacy rights, publicity rights, and you also agree to pay fees and fines associated with infringements of any content protection laws.

INTELLECTUAL PROPERTY

All logos, trademarks, graphics, photos, text, videos, software and scripts (aside from posted content by members) is owned and licensed to Thoughts.com, and is subject to intellectual property rights under U.S. and foreign law. All content on Thoughts.com is posted for information purposes only and is prohibited from being duplicated, copied, distributed, transferred, displayed, licensed, broadcast, sold or exploited for any purpose without the written prior consent of Thoughts.com. You hereby agree to cease from copying, using or distributing content on Thoughts.com for commercial purposes and for any manner other than what is permitted in these terms and conditions. You also agree to cease from interfering with any mechanism used on this site designed to prevent illegal content infringements.

COPYRIGHT LAWS

Any member of Thoughts.com who is deemed to post, modify or distribute copyrighted content and/or material, trademarks or other intellectual property belonging to others without having obtained proper written consent before posting said material, is subject to being terminated from accessing and using this website. If it is brought to your attention that your content is being used in any of the aforementioned manners without your prior written consent, please contact us with the following information:

A written statement citing the location (URL) and description of written content posted on Thoughts.com which you believe to be infringed upon without proper authorization, your physical address, email address and phone number, a signature - electronic or in writing - of the copyright owner or designee charged with acting on behalf of the copyright owner, and a statement in your words (under lawful oath) that the information attested to by you is correct and that you are the copyright owner or designee charged to act in place of the copyright owner.

TRADEMARK

We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others may be permanently deleted.

LIMITATION OF LIABILITY

Thoughts.com shall not be held liable to you or any third party for direct, indirect, incidental, exemplary and/or special punitive damages and financial loss incurred by you as a result of accessing this website and/or using the services of Thoughts.com. Any liability whatsoever on Thoughts.com, no matter the cause or action, will at all times be limited to the total financial amounts, if any, paid by you to Thoughts.com during the course of your membership.

INDEMNITY

You agree to fully indemnify and hold harmless Thoughts.com, its employees, affiliates, subsidiaries, partners and agents from any claims, loss and liabilities made by third parties as a result of your use and access of Thoughts.com and your breaching of the terms and conditions herein set forth, including the posting of any content by you which causes Thoughts.com to be liable to any other parties.

MEMBER DISPUTES

All members are individually responsible for their relations with other members. Although not obligated to do so, Thoughts.com may choose to monitor disputes taking place amongst members. If a dispute is to arise regarding the services of Thoughts.com, you agree the dispute will be governed in a court of law within the State of Florida, USA. You and Thoughts.com have the right to demand that any disputes be settled by arbitration conducted by dispute resolution services.

SEVERABILITY CLAUSE

If any part or parts of these Terms result in actions on behalf of the user that are invalid, illegal and unenforceable, or are in conflict with the laws of any legal jurisdiction, any remaining part or parts of these Terms will not be affected as a result of any such actions.

WARRANTY DISCLAIMER

Thoughts.com will not be held responsible for the actions of its users, whether online or offline. Under no circumstances will Thoughts.com be held responsible for any personal loss or damage resulting from the use of any services or events sponsored and/or hosted by Thoughts.com. All services provided by Thoughts.com, including posted content and media does not guarantee specific results of any kind. Thoughts.com will not be held responsible for any malicious content posted on this website, whether as a result of its member's postings or from software and hardware activities utilized by Thoughts.com. Links to other websites and third parties posted by Thoughts.com members is not investigated, monitored nor endorsed by Thoughts.com for accuracy, and your usage of these links in no way shall hold Thoughts.com responsible for the content and services therein. Your access of third party websites or advertisements on this website is done solely at your own risk. Thoughts.com takes no responsibility for errors and omissions in content or technical malfunctions resulting from software, hardware, hosting, and internet malfunctions.