LAST UPDATED: JUNE 27, 2017
2. A NOTE ABOUT CHILDREN. We do not intentionally gather, use, or disclose Personal Data from visitors who are under the age of 13, and neither our Site nor our Services are intended for children under this age.
3. A NOTE TO USERS OUTSIDE OF THE UNITED STATES. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
4. TYPES OF DATA WE COLLECT. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Non-Personal Data” means data that is not associated with or linked to your Personal Data; Non-Personal Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Non-Personal Data as described below.
(A) Information You Provide to Us
We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, professional title, company name, your industry, and password when you create an account.
We retain information on your behalf, such as designs and other files and messages that you store using your account.
If you provide us feedback or contact us via e-mail for any purpose, we will collect your name and e-mail address, as well as any other content included in the e-mail.
We may collect Personal Data from you when you interact with our employees or contractors. Additionally, we may monitor and record phone calls, video calls, e-mails, live chats, or other communications between you, your device, and our employees or contractors.
When you participate in one or more activities through our Sites, Apps and Services or directed at our official social media handles, including, but not limited to, our surveys, contests, sweepstakes, giveaways, and educational or training classes, we may collect the additional information provided by you for such participation.
When you post messages or other content on our Site and App, the information contained in your posting will be stored on our servers and other users will be able to see it, including in commercial contexts. For example, we collect the profile name and profile photo you may post to the Sites, and actions you take on our Sites or on third-party applications connected to your Account through the use of our Services.
We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us regarding support for the Services.
We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.
(B) Information Collected via Technology
To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, unique system/hardware identifier, a date/time stamp for your visit and/or any other unique attributes that are available to us via your use of our Sites, Services, and technology.
We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). Thinger may associate your device identifiers or phone number with your account.
We may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Thinger with information on nearby devices, Wi-Fi access points, and cell towers.
We may collect and store details of how you use our services, including search queries. This information may be used to improve the relevancy of results provided by our services.
We may collect certain usage statistics (the “Usage Statistics“). The Usage Statistics may include, but are not limited to date and time of action (such as, for example, when you print a file, purchase a product or browse the Sites and Apps), type of action, any parameters associated with the type of action, your IP address, and your user Thinger ID. The Thinger ID will only be shared if you are also logged in to the Thinger website and/or relevant parts of the Thinger Ecosystem.
(C) Information Collected from Third Party Companies.
We may receive Personal and/or Non-Personal Data about you from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.
For more information on Google, please read their policy and terms
5. USE OF YOUR PERSONAL DATA
(A) GENERAL USE. In general, we use your Personal Data to administer and improve the Sites and Services, to track your movement around the Sites, to protect Thinger and our Users. Personal Data may either be used to respond to your requests, and to offer more personally tailored content and services. For example, some of the Personal Data we collect may be used so that when you visit the Site or use the Services again, it will recognize you and could provide you more relevant content suggestions on Thinger, customized search results, or other information appropriate to your interests.
We may use your Personal Data in the following ways:
to facilitate the creation of and secure your Account on our network;
identify you as a user in our system;
to show certain Account information such as your profile name and profile photo when you post on Thinger to combine across our different Services, such as, for example, applying your shipping information from one Service to another to make it easier for you to fill in to allow you share digital content, including designs files for printable objects with other users;
to improve the quality of experience when you interact with our Site and Services, including notifying you about upcoming changes or improvements;
to send you service messages such as a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
to send you administrative e-mail notifications, such as security, support, update, and maintenance advisories;
to respond to your inquiries, including but not limited to employment opportunities;
to help you solve any issues you contact us about. In such cases, we may keep a record of your communication.
to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback or to notify you if we have your permission; and to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of Company.
(B) Creation of Non-Personal Data. We may create Non-Personal Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Non-Personal Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Company reserves the right to use Non-Personal Data for any purpose and disclose Non-Personal Data to third parties in its sole discretion.
(A) INFORMATION DISCLOSED TO THIRD PARTY SERVICE PROVIDERS. We may share your Personal Data with third party service providers: to provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company. When you use third party Applications or other services that use, or are integrated with, the Thinger Ecosystem, they may receive information about what you already share publicly. Information shared publicly may be made available via the Application. For example, the Developer may get information about your User Content and/or your public profile. Information collected by these Applications or integrated services is also subject to their own terms and policies.
7. THIRD PARTY DATA COLLECTION.
(A) INFORMATION DISCLOSED TO AD NETWORKS. We may use third-party advertising companies services to serve and show you ads when you visit our Site and on other websites. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, go to http://www.networkadvertising.org/managing/opt_out.asp.
8. YOUR CHOICES REGARDING YOUR PERSONAL DATA
(A) CHOICES. We offer you choices regarding the collection, use, and sharing of your Personal Data.
(I) We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).
(B) CHANGES TO PERSONAL DATA. You may access and change any of your Personal Data in your Account by editing your profile within your Account or by contacting us at the web form in Section 11 below. You may request deletion of your Account or certain Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but certain past Personal Data may remain in our archives. We may retain, use, or disclose your information to prevent or detect fraud or similar purposes.
9. SECURITY OF YOUR PERSONAL DATA. Company is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your Account information. Please do not disclose your Account password to unauthorized people. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Company uses reasonable efforts to protect your Personal Data, Company cannot guarantee its absolute security.
10. DO NOT TRACK. Currently, (i) other parties (e.g. third-party advertising networks and analytics providers) may collect personal information about your online activities over time and across different websites when you use our website or services, and (ii) we do not respond to, or take any specific action in connection with the receipt of, Do-Not-Track signals or other similar mechanisms regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services.
LAST UPDATED: JUNE 27, 2017
1. ACCOUNTS AND PAYMENT
1.1 Account Creation. In order to use certain features of the Sites and Apps (e.g., to upload a design and/or to make store purchases), you must register for an account with the Company ("Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. The Company may suspend or terminate your Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
1.3 Payment Terms. Thinger provides access to the payment processing service required to process payments related to certain Services offered through the Sites and Apps. Such payments shall be subject to the User-to-User Payment Terms which is incorporated in this Agreement in its entirety and made a part hereof.
2. SITE AND APP
2.3 Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Sites, Apps or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or Services or any part thereof, except and if otherwise expressly set forth in Section 8.
2.4 No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Sites, Apps or Services.
3. USER CONTENT
3.1 User Content. You retain all your intellectual property rights in your User Content. "User Content" means any and all information and content that a User submits to, or uses with, the Sites, Apps or Services (e.g., content in the User's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy, as set forth below. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Company. Because you alone are responsible for your User Content (and not the Company), you may expose yourself to liability if, for example, your User Content violates any provisions set forth in the Acceptable Use Policy. The Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
3.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to the Company, an irrevocable, nonexclusive, royalty free, fully-paid, and worldwide license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Sites and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following sets forth the Company's "Acceptable Use Policy":
(a) You agree not to use the Sites, Apps or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of weapons, illegal materials, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Sites, Apps or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites or Services or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Sites or Services, other computer systems or networks connected to or used together with the Sites or Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Sites or Services; (vi) introduce software or automated agents or scripts to the Sites or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Sites or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Sites or Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (vii) systematically aggregate, embed or deeplink content from your own web site, service, or platform to the Sites for commercial purposes without the prior written consent of the Company.
3.5 Feedback. If you provide the Company any feedback or suggestions regarding the Sites, Apps or Services ("Feedback"), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as nonconfidential and nonproprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
4. SECONDARY LICENSE FOR USER CONTENT AND DESIGNS.
4.1 When you upload certain User Content to the Sites, Apps or Services, you will be asked to select a secondary copyright license, which is additional to the license you grant to the Company and its affiliates and partners under these Terms. This secondary license will govern how other Sites or Services users may use your User Content, and you will be solely responsible for your selection and for complying with and enforcing the terms of the secondary license you select. You may designate this secondary license to be one of the Creative Commons Licenses (see http://www.creativecommons.org) or any other license based on the Company's discretion. You agree that the Company may make your User Content available to other Users, subject to the terms of the secondary license you select; however, if you select the "All Rights Reserved" secondary copyright license, you agree that it means the Company may display your User Content for public viewing on the Sites and other Sites or Services users must contact you to obtain additional rights, as necessary. While the Company will advise other Users, Sites, Applications or Services users of the secondary license you select and request that the terms of such license be observed, you acknowledge that it is not the Company's responsibility to enforce this secondary license and the Company cannot guarantee that your secondary license will in fact be observed by other Sites or Services users.
4.2 Section 6.3.2 below sets forth additional information on secondary licenses and how they relate to payments that Users may accrue based on particular licenses selected by a User for his or her User Content on the Sites or Apps.
6. THIRD PARTY SITES, APPS & ADS; OTHER USERS;
6.1 Third Party Sites, Apps & Ads. The Sites might contain links to third party websites, mobile apps, services, and advertisements for third parties (collectively, "Third Party Sites, Apps & Ads"). Such Third Party Sites, Apps & Ads are not under the control of the Company and the Company is not responsible for any Third Party Sites, Apps & Ads. The Company provides these Third Party Sites, Apps & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, Apps & Ads. You use all Third Party Sites, Apps & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites, Apps & Ads.
6.2 Other Users. Each User is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions and transactions with other Users are solely between you and such User. You agree that the Company will not be responsible for any loss or damage incurred as the result of any such interactions. Except as set forth in the User-to-User Payment Terms, if there is a dispute between you and any User, we are under no obligation to become involved.
6.3 Thinger Developer Program. The Thinger Developer Program provides software developers (“Developers”) with the ability to integrate their software application, website, or other software interface (“Application”) with the Thinger Ecosystem. “Thinger Ecosystem” or “Ecosystem” includes, but is not limited to, the Thinger Cloud Library, Thinger Desktop, Thinger Print, Thinger Mobile, Thinger Replicator 3D Printers, Thinger, Thinger API, integrated Applications, and the Thinger Library.
6.3.1 Accessing Developer Applications. You may access Applications which may provide you with additional services. The Company is not responsible for the Applications and you access them at your own risk. The Applications are not under our control and you acknowledge that we are not responsible or liable for the Applications and their related content, legality, accuracy, or any other aspect of such Application. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available through such Application. The Applications may be subject to third party terms and policies, including privacy and data collection practices and it is your responsibility to review all such terms and policies.
6.3.2 User Content. Thinger has implemented measures to prevent User Content licensed under specific secondary licenses from being accessible through Applications. These measures effectively mean that, subject to the terms of the secondary license that you selected as referenced in Section 4.1 above, you either: 1) need to provide your express permission in sharing User Content through Applications; or 2) you may automatically be opted into having that content be accessible through Applications. You may opt-out of sharing your User Content under 2) above by: a) revoking permission to the Application as specified on the Site; and/or b) choosing a different license. For secondary licenses for which you are not automatically opted-in, you may give permission to make your applicable User Content available through the Application by: a) granting permission to the Application as specified on the Sites; and/or b) choosing an appropriate alternative license. User permission will override the license. A User is responsible for the license they choose for his or her User Content. Regardless of such measures, the Company cannot guarantee that your secondary license will in fact be observed by the Applications. For all Applications, you are solely responsible for ensuring that their Applications comply with the secondary licenses. If you think a Developer is breaching your secondary license, please contact the Developer or Thinger.
6.3.3 Tipping. If you make your User Content available under Section 6.3.2 above, you may be able to make Tips (as described and defined in more detail in the User-to-User Payment Terms.
6.4 Release. You hereby release and forever discharge us (and our officers, employees, agents, parents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Sites or Service users, Third Party Sites, Apps & Ads and third party Developers who may have contracted with Company to integrate their applications into our Ecosystem. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
7. CUSTOMER SUPPORT
As part of the Services, you may be offered “Customer Support”. Please email firstname.lastname@example.org for our current Customer Support options. Customer Support may include an option for you and a Thinger representative to interact and connect via a desktop computer, tablet, and/or smart device, and the Internet (“Interactive Customer Support”). The Interactive Customer Support is only available to Users who are eighteen (18) years of age or older. The Interactive Customer Support may allow for a monitoring and/or recording feature whereby Thinger can monitor and/or record audio and visual data between you and a Thinger employee or contractor. By accessing the Interactive Customer Support and/or agreeing to these Terms, you: (i) represent and warrant that you are at least eighteen (18) years of age, (ii) explicitly consent to Thinger’s use of a monitoring and/or recording feature whereby Thinger can record audio and visual data between you and a Thinger employee or contractor, and (iii) release such recording to Thinger for our internal use.
THE SITES, APPS AND SERVICES ARE PROVIDED "ASIS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY, RISK, LIABILITY, AND DAMAGES ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM ASSEMBLY OR OPERATION OF OUR PRODUCTS.
Thinger ASSUMES NO RESPONSIBILITY, NOR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES OR MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITES, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. TERM AND TERMINATION
11. INTELLECTUAL PROPERTY INFRINGEMENT
We will terminate the accounts of users who repeatedly infringe intellectual property and reserve the right to take down any Content that we conclude, in our sole discretion, may infringe third party rights. See our Intellectual Property Infringement Policy.
12.4 Copyright/Trademark Information. Copyright © 2017 Thinger, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.