ThinkViral (“we” or “us”) provides an online educational forum offering a selection of video classes, guides, articles, games and other content (collectively, the “Content”). Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, applications, materials, or other services offered from time to time by ThinkViral in connection with its business, however accessed, are referred to collectively as the “ ThinkViral Services.”
The Content is available for permissible viewing on or through the following (collectively, the “Properties”):
- the ThinkViralkc.com website(the “ ThinkViral Site”)
- ThinkViral’s affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the ThinkViral Video Player; and
- ThinkViral authorized applications, features or devices.
3. ACCESS AND USE OF THE THINKVIRAL SERVICES
Your License. ThinkViral is pleased to grant you a non-exclusive limited license to use the ThinkViral Products and Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by ThinkViral in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ThinkViral in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by ManSchool. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by ThinkViral in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where ThinkViral has incorporated an embed option in connection with Content on the ThinkViral Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to ThinkViral (in ThinkViral’s sole discretion), or (ii) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. ThinkViral reserves the right to prevent embedding to any website or other location that ThinkViral finds inappropriate or objectionable (as determined by ThinkViral in its sole discretion).
- You agree that ThinkViral owns and retains all rights to all ThinkViral Products and Services. You further agree that the Content you access and view as part of the ThinkViral Services is owned or controlled by ThinkViral and ThinkViral’s licensors. The ThinkViral Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the ThinkViral Services safe and available for everyone to use, all users must follow the same set of rules. You and other users must use the ThinkViral Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the ThinkViral Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the ThinkViral Site or use the ThinkViral Services in a way that:
- violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
- uses technology or other means to access, index, frame or link to the ThinkViral Services (including the Content) that is not authorized by ThinkViral (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the ThinkViral Services);
- involves accessing the ThinkViral Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the ThinkViral Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
- introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- damages, disables, overburdens, impairs, or gains unauthorized access to the ThinkViral Services, including ManSchool’s servers, computer network, or user accounts;
- removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the ThinkViral Services (including the Content);
- uses the ThinkViral Services to advertise or promote services that are not expressly approved in advance in writing by ManSchool;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- violates these Terms or any guidelines or policies posted by ManSchool;
- interferes with any other party’s use and enjoyment of the ThinkViral Services; or
- attempts to do any of the foregoing.
If ThinkViral determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the ThinkViral Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the ThinkViral Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the ThinkViral Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the ThinkViral Services, you acknowledge that you will have caused substantial harm to ThinkViral and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay ThinkViral $50 for each such unsolicited communication you send through the ThinkViral Services.
- In order to participate in certain ThinkViral Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue — temporarily or permanently — some or all of the ThinkViral Services (including the Content and the devices through which the ThinkViral Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that ThinkViral may do so in ThinkViral’s sole discretion. You also agree that ThinkViral will not be liable to you for any modification, suspension, or discontinuance of the ThinkViral Services, although if you are a ThinkViral Premium subscriber and ThinkViral suspends or discontinues the ThinkViral Premium service, ThinkViral may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if ThinkViral terminates your account or suspends or discontinues your access to ThinkViral Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by emailing [email protected]
4. CONTENT WARNING
By electing to enjoy the ThinkViral Services you are affirming under oath and penalties of perjury pursuant to Title 28 U.S.C. 1746 and other applicable statutes and laws that all of the following statements are true and correct:
- I am solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material appearing on this site. I further agree that neither this website nor its affiliates will be held responsible for any legal ramifications arising from any fraudulent entry into or use of this website;
- I understand that my use of this website is governed by the website’s Terms which I have reviewed and accepted, and I agree to be bound by such Terms.
- I agree that by entering this website, I am subjecting myself, and any business entity in which I have any legal or equitable interest, to the personal jurisdiction of the State of Kansas, should any dispute arise at any time between this website, myself and/or such business entity;
5. THINKVIRAL PAID SUBSCRIPTIONS AND BILLING
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that ThinkViral would not otherwise be able to make available without charging a fee. As part of that, access to the Content in ThinkViral Premium requires payment by you for the classes you watch.
You agree that your ThinkViral Premium account is for individual use only and your ThinkViral Premium account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
By signing up for your ThinkViral paid classes, you are expressly agreeing that we are authorized to charge you a fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of ThinkViral to the credit card or other payment method accepted by ThinkViral (“Payment Method”) that you provided during registration.
All fees and charges are nonrefundable. Very rarely, if there are special circumstances where ThinkViral determines it is appropriate (e.g., the ThinkViral Premium service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at ThinkViral’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Ongoing Subscription and Cancellation.
If you are a ThinkViral paid member, your ThinkViral account will continue in effect for one year unless and until you cancel the account or service is otherwise suspended or discontinued pursuant to these Terms.
In order to sustain ThinkVirall, it is important that each paid user of ThinkViral service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with ManSchool. You will remain liable to ThinkViral for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
On occasion, we may be authorized to offer free access to ThinkViral’s paid content through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with ManSchool. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any ThinkViral representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us if you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may email us direct at [email protected]
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the ThinkViral Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the ThinkViral Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the ThinkViral Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. Please note that we use your first and last name as your user ID and therefore your first and last name will appear to the public each time you Post. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant ThinkViral the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. ThinkViral will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that ThinkViral does not guarantee any confidentiality with respect to any User Material.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. ThinkViral does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of ThinkViral. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does ThinkViral assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against ThinkViral with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a “report” feature through the ThinkViral Services is not available for a specific instance of inappropriate User Material, please email [email protected] (subject line: “Inappropriate User Material”).
8. LINKED DESTINATIONS AND ADVERTISING
ThinkViral is not responsible for the content or practices of any website or destination other than the ThinkViral Site, even if it links to the ThinkViral Site and even if the website or destination is operated by a company affiliated or otherwise connected with ThinkViral. By using the ThinkViral Services, you acknowledge and agree that ThinkViral is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the ThinkViral Site.
- ThinkViral takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the ThinkViral Services are between you and the advertiser, and you agree that ThinkViral is not liable for any loss or claim that you may have against an advertiser.
ThinkViral, www.ThinkViralkc.com, and other ThinkViral marks, graphics, logos, scripts, and sounds are trademarks of ThinkViral. None of the ThinkViral trademarks may be copied, downloaded, or otherwise exploited.
10. UNSOLICITED SUBMISSIONS
It is ThinkViral’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. ThinkViral’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any ThinkViral creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE THINKVIRAL SERVICES, YOU AGREE THAT USE OF THE THINKVIRAL SERVICES IS AT YOUR OWN RISK. THE THINKVIRAL SERVICES, INCLUDING THE THINKVIRAL SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THINKVIRAL DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE THINKVIRAL SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL THINKVIRAL OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “ THINKVIRAL PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE THINKVIRAL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE THINKVIRAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE THINKVIRAL SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE THINKVIRAL PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE THINKVIRAL SERVICES (INCLUDING YOUR USE OF THE CONTENT). THINKVIRAL RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
12. GENERAL INFORMATION
International Use. We are a company based in the United States. ThinkViral’s goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where ThinkViral does not have rights or does not offer services is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the ThinkViral Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.
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