Thumbhop Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

Last Revised Date - 10th December 2007

Introduction

Our website, which is accessible through the domains:

- www.thumbhop.com/

and its associated services ( the " thumbhop.com Site " or the " Site " ) are provided by Thumbhop ( or " Thumbhop.com ", " we " or " us "). These terms and conditions, amended from time to time (" Agreement "), govern the relationship between Thumbhop.com and you, the Site visitor (" you ", " your "), with respect to your use of the Thumbhop.com Site including any purchase(s) that you make with us from the Thumbhop.com Site. It is important that you carefully read this Agreement and make sure you understand it.

By using the thumbhop.com Site, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use the Thumbhop.com Site.

The thumbhop.com Site is intended for use in the United Kingdom only. We make no warranty or representation that the Thumbhop.com Site or any part of it is appropriate or available for use in locations outside the United Kingdom. Accessing the Thumbhop.com Site from territories where your access to the Thumbhop.com Site is prohibited or where it or any part of it is considered illegal or unlawful is not permitted under this Agreement. If you choose to access the Thumbhop.com Site from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local laws.

You agree that you are subject to any additional policies (including our Privacy Policy), guidelines, rules, terms and conditions posted on the thumbhop.com Site, which are incorporated by reference into this Agreement. These include the Copyright/Trademark Notice and Financial Information Disclaimer and may be amended from time to time.

NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS.

Amendments to this Agreement

We may at any time:

- change, replace or delete the terms of this Agreement or include new terms;
- change the thumbhop.com Site, including eliminating or discontinuing any content or feature of the Thumbhop.com Site;
- change or introduce any fees or charges for use of the thumbhop.com Site

Except as expressly provided in this Agreement, any changes we make to the Agreement will be effective immediately upon the posting of such changes on the thumbhop.com Site. Your continued use of the Thumbhop.com Site following the coming into effect of any changes to this Agreement constitutes your acceptance of such changes. This Agreement may be updated from time to time without notice, so please check back on a regular basis to ensure that you are familiar with the most current version of the Agreement. You can determine when the Agreement was last revised by checking the " Last Revised " legend at the top of the Agreement.

Please print and retain a copy of this Agreement and any revised version of the Agreement for your records.

The thumbhop.com Site

The thumbhop.com Site is a discussion website for Internet users.

All content, information and services provided on the thumbhop.com Site are provided in good faith on an "as is" and "as available" basis. While Thumbhop.com has taken considerable time and effort compiling the content and making available the services on the Thumbhop.com Site, data and other information change frequently and are subject to varying interpretations. In addition, it is possible that the Thumbhop.com Site could include inaccuracies or errors, or that unauthorised alterations could be made by third parties to the Thumbhop.com Site. Accordingly, Thumbhop.com:

- makes no representation or warranty as to the accuracy of any content or information or the suitability or reliability of the services;
- is not responsible for the timeliness or otherwise of any content, information or services being made available to you; and
- is not responsible for the timeliness, deletion or failure to store any user communications or personalisation and website customisation settings.

Ownership of Materials - Limited User Licence

All materials and information contained in or made available or downloaded from the thumbhop.com Site including any data, information, text, graphics, images, audio and video clips, logos, icons, software, links or other content (collectively, the " Materials "), are owned by Thumbhop.com, or its subsidiaries, affiliated companies or third party licensors or suppliers. All trade marks, service marks and trade names are proprietary to Thumbhop.com, Inc. or its subsidiaries, affiliated companies or third party licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by UK and international copyright, trade mark and other laws, and you acknowledge that these rights are valid and enforceable.

No Materials from the thumbhop.com Site or any website owned, operated, licensed or controlled by Thumbhop.com may be copied, reproduced, republished, uploaded, modified, posted, transmitted, distributed or publicly displayed in any way, except as expressly authorised by us or under this Agreement. In any event, you may not republish, modify, post, transmit, distribute or publicly display the Materials without our written consent, or, if so indicated without the written consent of our licensors or suppliers.

Where Materials are linked on the Thumbhop website but stored by a Third Party, ownership and liability remains with the Third Party.

You may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided that: (1) all copyright and other proprietary notices on such copied and downloaded materials are kept intact; (2) the Materials are not used in a manner that suggests an association with thumbhop.com or its subsidiaries, affiliated companies or third party licensors or its or their products, services, brands, trade or service marks or trade names; and (3) the Materials are not downloaded to a database that can be used for, or otherwise with a view to, avoiding future visits to or downloads from the Thumbhop.com Site. You acknowledge and agree that any such copies or downloads are subject to the terms of this Agreement. Subject to your compliance with all applicable laws, you may forward a copy of the Materials to another person or persons solely for their personal, non-commercial home use only and provided always that they comply with the requirements of this paragraph.

It is a breach of thumbhop.com's copyright and other proprietary rights to copy, reproduce, republish, upload, modify, post, transmit, distribute or publicly display the Materials except as expressly provided above. You acknowledge that you do not acquire any ownership rights by using the Thumbhop.com Site or the Materials.

In the event that you download software from the thumbhop.com Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the " Software ") is licensed to you by Thumbhop.com or third party licensors on a limited basis as set out in this Agreement or as otherwise communicated to you by us or the relevant third party licensor. Thumbhop.com does not transfer title to the Software to you. You own or may own the medium on which you record the Software, but Thumbhop.com (or the relevant third party licensors) retain(s) full and complete title to the Software, and all intellectual property rights therein.

Except as otherwise expressly permitted by this Agreement, you may not redistribute, sell, decompile, reverse engineer, disassemble or reduce the Software to a human-readable form, or attempt to do any of the above. In accordance with your statutory rights, you may (i) make one backup copy of the Software if necessary for the purposes of your lawful use of the Software; and (ii) decompile the Software and use such decompiled Software if, and only to the extent that, such decompilation is necessary to obtain the information necessary to create an independent program which can be operated with the Software or with another program, and the information so obtained is not used for any other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to us and thumbhop.com has not provided the information within one month of your written request. If you wish to request such information, please email info@Thumbhop.com.

Your Use of the thumbhop.com Site

Your use of the thumbhop.com Site does not confer on you any liability or right to access the Internet. In order to use the Thumbhop.com Site, you must obtain your own access to the Internet, including paying any fees associated with such access.

You may only use the thumbhop.com Site for personal, non-commercial purposes and you agree not to use the Thumbhop.com Site for business or commercial purposes.

You acknowledge that your use of the thumbhop.com Site and any Materials or services available on or accessible through it is entirely at your own risk. By providing you with access to Materials or services on or through the Thumbhop.com Site, Thumbhop.com is not advising you in any way in connection with such Materials or services. In particular please note the following:

Any legal, medical, financial or other information referred to in or through the thumbhop.com Site is presented for information purposes only. None of the Materials on the Thumbhop.com Site is intended to constitute professional advice, whether legal, medical, financial or otherwise, nor is it intended to replace consultation with a qualified legal, medical, financial or other professional practitioner. Thumbhop.com does not recommend or endorse any specific test, product, procedure, service or information that may be mentioned, linked or referred to. Thumbhop.com and those posting or otherwise providing information, services or material on the Thumbhop.com Site are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Thumbhop.com Site.

You should always obtain professional advice before making any decision that may have medical, legal, financial or other personal implications.

Where the thumbhop.com Site provides you with access to any discussion forum or email service, you acknowledge that any and all material, information, data, text, photographs, graphics, messages or other content posted or sent using the Thumbhop.com Site (" User Content ") are the responsibility of the person from whom that User Content originated. This means that Thumbhop.com is not responsible for such User Content posted or sent by you or by others and that you are solely responsible for any User Content that you post or send using the Thumbhop.com Site. Thumbhop.com does not exercise any editorial control over User Content, nor does it monitor User Content. Notwithstanding this, Thumbhop.com has the right, but not the obligation, to remove or modify any User Content or portion thereof, in Thumbhop.com's sole discretion and at any time without notice to you. Under no circumstances will Thumbhop.com be liable to you in any way for any User Content posted by you or by third parties, including for any errors, omissions or misrepresentations or for any loss or damage of any kind incurred as a result of the use of, or arising from, any postings or for Thumbhop.com's removal, modification or deletion of such User Content.

If you choose to post or send User Content on or through the thumbhop.com Site, you grant Thumbhop.com a world-wide, royalty-free, transferable, sub-licensable, non-exclusive perpetual licence to copy, modify, adapt and make available such User Content, without any obligation to compensate you or any other third party in any way for such use.

If you do choose to post content on the Site, please do not do so unless you understand that your postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your postings. You agree that all of your postings will comply with the requirements of this Agreement.

You agree that if you choose to send any content (including User Content) from the Site to any third party, you will only send such content to willing recipients known to you and that you will not use such content in connection with the sending of unsolicited bulk mail or other unauthorized conduct.

Save as expressly provided in this Agreement, you must not re-purpose or distribute, in whole or in part, any part of the thumbhop.com Site or any of the services or Materials available on the Thumbhop.com Site.

Restrictions on Use:

You agree not to use the Site to:

Post or send any posting that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm or threaten to harm users in any way;
"Stalk" or otherwise harass any other person or entity;
Impersonate any person or entity (including an thumbhop.com agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except (i) to the extent that any such solicitation does not breach any applicable law, and (ii) solely in areas that are expressly designated by thumbhop.com for such purpose;
Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyright materials or trademarks without appropriate permission and attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Breach any law (whether national or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting;
Post any content that you in breach of any law or contractual or fiduciary relationship (which includes content comprising inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt the thumbhop.com Site, or servers or networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the data protection or privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Use of the thumbhop.com Site by Children

thumbhop.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Thumbhop.com Site should assist them in setting up any relevant accounts and supervise their access to the Thumbhop.com Site. Please remember that the Thumbhop.com Site is designed to appeal to a broad audience. Accordingly, as your child's legal guardian, it is your responsibility, not the responsibility of Thumbhop.com, to determine whether any part of the Thumbhop.com Site, or any site linked from the Thumbhop.com Site, is appropriate for your child.

If you are under the age of 18 years old, you should not use this thumbhop.com Site or submit any personal data about yourself to the Thumbhop.com Site without the consent of your parent or guardian. If you use the Thumbhop.com Site, we will assume (and you confirm) that you have legal capacity to enter into this Agreement (that is, that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

thumbhop.com invites parents and guardians to visit the website of the Internet Watch Foundation for information and advice on protecting their children when they are online. Parents and guardians, please note that parental control protections (such as computer hardware, software or filtering services) are available that may assist you in limiting access to material that is harmful to minors.

Registering on the thumbhop.com Site

In order to receive certain services or participate in promotions on the thumbhop.com Site, Thumbhop.com may require you to register for those services or promotions.

You agree to provide thumbhop.com with true, current, accurate and complete information about yourself when registering for services or promotions on the Thumbhop.com Site. You also agree to notify Thumbhop.com of any changes to that information, to ensure that it remains true, current, accurate and complete at all times. We reserve the right to terminate this Agreement and your use of the Thumbhop.com Site if any information provided by you is untrue, inaccurate, not current or incomplete.

thumbhop.com may also issue you with a password and account designation to enable you to access parts of the Thumbhop.com Site. We may refuse to grant you or permit you to use an account designation that impersonates someone else, is or may be illegal, is or may be protected by trade mark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for maintaining the confidentiality of your account designation and password and agree not to transfer or resell your use of or access to the Thumbhop.com Site to any third party. You must also ensure that you exit your account at the end of each session.

You agree to notify thumbhop.com immediately if you become aware of any unauthorised use of your account or password. Email admin@Thumbhop.com to notify Thumbhop.com of this.

You are entirely and solely responsible for maintaining the confidentiality of your account designation and password and for any and all activities that are conducted through your account. You release thumbhop.com from any liability that may arise in connection with any use of your account designation and password whether by you or by any third party.

Privacy Policy

Any Personal Data collected by thumbhop.com through the Thumbhop.com Site is subject to our Privacy Policy, which is incorporated by reference into this Agreement.

Third Party Sites and Links

thumbhop.com's technology allows posters to reference websites and content on the Internet. Therefore the Thumbhop.com Site may provide links to other websites on the Internet that are owned and operated by third parties. Thumbhop.com does not control these websites, accepts no responsibility and makes no warranties or representations whatsoever for the activities or operations of these websites. Consequently, we are not responsible for, without limitation, the accuracy, relevance, copyright compliance, legality or decency of any content or services contained in websites listed in our search results or otherwise linked to or made available through the Thumbhop.com's Sites. You acknowledge that posts may contain links to websites and content that contain offensive or objectionable material. Thumbhop.com has no responsibility if posts reveal such objectionable or offensive content and you release Thumbhop.com from all liability in respect of the same. We reserve the right to disable links from third party websites to the Thumbhop.com Site.

You should read carefully the terms and conditions of use of any third party site before using that site or proceeding with any online or offline transaction with the third party. Your correspondence or business dealings with, or participation in the promotions of, third parties found on or through the thumbhop.com Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings (including any implied term of merchantability, satisfactory quality, fitness for a particular purpose and any term relating to the provision of services to a standard of reasonable care and skill or to non-infringement of any intellectual property right) are solely between you and such third parties.

thumbhop.com has developed the Thumbhop.com Editorial Policy with the intention of increasing the likelihood of providing you with access to reliable third party sites. However, Thumbhop.com cannot guarantee that the third party sites accessible from the Thumbhop.com Site comply with the terms of the Thumbhop.com Editorial Policy.

Notwithstanding anything in the thumbhop.com Editorial Policy, the inclusion of a link to a third party's site does not imply endorsement by Thumbhop.com of the third party, its site, or any goods, services, information or content featured on or available from that site. Thumbhop.com will not be liable to you in any circumstances for, and explicitly disclaims any responsibility for:

- the failure of a third party to comply with the thumbhop.com Editorial Policy;
- the accuracy, content or availability of information found on third party sites;
- the failure of a third party site to comply with applicable laws or regulations from time to time;
- any goods (including Software), services or content you acquire or access on a third party site; or
- any damage, loss, cost or expense arising from: any link to or from a third party site on the thumbhop.com Site, any third party content on the Thumbhop.com Site or your use of a third party site.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit or debit card and other personal information) you might be requested to give to any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Warranties and Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, thumbhop.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE CONTENT OR SERVICES AVAILABLE ON OR ACCESSIBLE THROUGH THE Thumbhop.com SITE, INCLUDING ANY IMPLIED TERM OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY TERM RELATING TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY thumbhop.com'S NEGLIGENCE, Thumbhop.com WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND INCURRED BY YOU ARISING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Thumbhop.com SITE AND YOU RELEASE Thumbhop.com FROM ALL SUCH LIABILITY.

NOTHING IN THIS AGREEMENT SHALL OPERATE TO EXCLUDE OR LIMIT THE LIABILITY OF EITHER PARTY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY ARISING AS A RESULT OF THE NEGLIGENCE OF SUCH PARTY.

Indemnity

You hereby indemnify and will keep indemnified thumbhop.com and the other companies within the Thumbhop.com group of companies and their officers, directors, employees and agents against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with your use of the Thumbhop.com Site and the Materials, any content that you submit or that is submitted from your account, or any breach by you of this Agreement or any applicable local laws.

Intellectual Property Rights

You acknowledge that intellectual property rights subsist in the thumbhop.com Site (including the Materials and services) and any software used in connection with the Thumbhop.com Site. These intellectual property rights are owned by Thumbhop.com or third parties, as the case may be.

You may print or download one copy of the Materials on the thumbhop.com Site for your personal, non-commercial use only. You must not otherwise use the Thumbhop.com Site or the Materials or services in any way without our express permission, or the permission of the relevant third party.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of the Site.

No Other Agreements Between Us

This Agreement and any other documents referred to herein contain the whole agreement and understanding between thumbhop.com and you relating to the subject matter of this Agreement and supersedes any previous written or oral agreement between you and us in relation to the matters dealt with in this Agreement. This Agreement may not be varied except in accordance with its terms.

Rights of Third Parties

Any person who is not a party to this Agreement has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

Assignment

thumbhop.com may assign, transfer or otherwise sub-contract this Agreement and any or all of its rights, benefits and obligations under it to any third party or parties.

Severability of this Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that such provision shall be deemed to be substituted by an alternative provision that to the fullest extent legally permitted gives effect to the parties' original intentions, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Jurisdiction

This Agreement is governed by Scottish law. You submit to the non-exclusive jurisdiction of the courts of Scotland.

Contact Information

Email info@thumbhop.com for any further information.