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Overview |
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THE TERMS AND CONDITIONS SET FORTH BELOW ("THE TERMS") GOVERN YOUR
USE OF THE COMPUTING REVIEWS WEB SITE ("THE SITE") AND ARE LEGALLY BINDING
ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR
OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR
USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH
OF THE TERMS SET FORTH BELOW.
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General Use Restrictions |
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ThinkLoud ("ThinkLoud") provides to users reviews of articles
of content, indices and summaries of and access to articles, and other
services through the Site. All information, documents, products and
services provided on and through the Site, including content, trademarks,
logos, graphics and images (collectively, the "Materials") are provided
to you by ThinkLoud and are the copyrighted work of ThinkLoud or
ThinkLoud's contributors.
ThinkLoud grants you a limited, personal, non-exclusive
and non-transferable license to use and to display the Materials only
on your personal computer and to print a single copy for your personal
use. You acknowledge and agree that you have no right to modify, edit,
copy, reproduce, create derivative works of, alter, enhance or in any
way exploit any of the Materials in any manner. This limited license
terminates automatically, without notice to you, if you breach any of
these Terms. Upon termination of this limited license, you agree to
immediately destroy any downloaded or printed Materials. Except as stated
herein, you acknowledge that you have no right, title or interest in
or to the Site or any Materials on any legal basis. Certain information
and content may be provided by third parties under license to ThinkLoud
( "Third Party Content"). The Third Party Content is, in each case,
the copyrighted work of the creator/licensor.
You represent and warrant that you possess the legal
right to use the Site in accordance with the stated terms and usage
policies.
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Modification of these Terms of Use
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You agree that ThinkLoud and its licensors may make improvements and/or
changes in the content, products, services, and programs described in
this Site at any time without notice, and further agree that ThinkLoud
can revise these Terms at any time without notice by updating this posting.
You agree that your continued use of the Site after such modifications
have been made constitutes your acceptance of such revised Terms.
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Third Party Content
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ThinkLoud is a distributor (and not a publisher)
of Third Party Content. Accordingly, ThinkLoud has no more editorial
control over such content than does a library or newsstand. Any opinions,
advice, statements, services, offers, or other information or content
expressed or made available as part of such Third Party Content are
those of the respective author(s) or provider(s) and not of ThinkLoud.
Neither ThinkLoud nor any provider of Third Party Content guarantees
the accuracy, completeness, or usefulness of any Third Party Content,
nor its merchantability or fitness for any particular purpose.
In many instances, the information available through
the Site represents the opinions and/or judgments of the respective
information provider. ThinkLoud neither endorses nor is responsible
for the accuracy or reliability of any opinion, advice or statement
made on the Site by anyone other than authorized ThinkLoud employee
spokespersons while acting in their official capacities. Under no circumstances
will ThinkLoud be liable for any loss or damage caused by a user's
reliance on information obtained through the Site. It is the responsibility
of user to evaluate the accuracy, completeness and/or usefulness of
any information, opinion, advice or other content available through
the Site. Please seek the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice or other
content.
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Links to Third Party Sites
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This Site may be linked to other sites that are not under the control
of or maintained by ThinkLoud. You acknowledge that ThinkLoud is
providing these links to you only as a convenience, and further agree
that ThinkLoud is not responsible for the content or links displayed
on such sites.
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Password Restricted Areas of the Site
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Certain areas of the Site are password restricted to authorized users
("Restricted Areas"). If you are an authorized user of the Restricted
Areas, you agree that you are entirely responsible for maintaining the
confidentiality of your password and account, and agree to notify ThinkLoud
if your password is lost, stolen, disclosed to an unauthorized third party,
or otherwise may have been compromised. You agree that you are entirely
responsible for any and all activities that occur under your account.
You agree to immediately notify ThinkLoud of any unauthorized use of
your account or any other breach of security in relation to the Site known
to you.
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Submissions |
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You acknowledge that you are responsible for the
information and material that you submit (each a "Submission") through
public and/or private posting areas, emails, or other services available
in connection with this Site, and that you, and not ThinkLoud, will
have full responsibility for each such Submission, including its legality,
reliability, appropriateness, originality and copyright. Unless otherwise
explicitly stated herein or in the ThinkLoud Privacy Policy, you agree
that any Submission provided by you in connection with this Site is
provided on a non-proprietary and non-confidential basis. You agree
that ThinkLoud shall be free to use or disseminate a Submission on
an unrestricted basis for any purpose. You further agree that you will
not upload, post or otherwise make available on the Site any material
protected by copyright, trademark, or any other proprietary right without
the express permission of the owner of such copyright, trademark or
other proprietary right, and the burden of determining that any material
is not protected by any such right is on you. You shall be solely liable
for any damage resulting from any infringement of copyrights, trademarks,
proprietary rights, or any other harm resulting from any Submission.
ThinkLoud asks that you respect our on-line community
and participating individuals. Your conduct should be guided by common
sense and basic etiquette. To further these common goals when posting
Submissions to or otherwise using the Site, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise
violate the legal rights (such as rights of privacy and publicity)
of others.
- Impersonate or represent ThinkLoud, our staff or
other industry professionals.
- Solicit a member's password or other account information.
- Harvest user names or email addresses for any purpose.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually
explicit images (actual or simulated).
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Links to Merchants
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ThinkLoud also may provide you with links to certain third party merchants.
However, each individual merchant is responsible for setting and explaining
their individual shipping, return, security and other policies applicable
to shopping in their stores and purchasing their products. The purchase
of any product or service from any merchant is a transaction solely
between you and that merchant. ThinkLoud does not guarantee, warrant
or endorse any product or service sold by any merchant, nor does ThinkLoud
have any liability or responsibility for the quality or performance
of any product or service sold to you by any merchant, and any question
or dispute you may have regarding any such product or service should
be addressed directly to the responsible merchant. ThinkLoud has no
responsibility or liability for any merchant or your relationship with
any merchant.
You are responsible for paying the entire amount due on
your purchase, including any applicable taxes, shipping and other charges
assessed by the applicable merchant. With respect to applicable taxes,
the applicable merchant will advise you of the exact amount of tax due
on your purchase, and ThinkLoud has no responsibility whatsoever for
any miscalculation or omission by a merchant of applicable taxes on
any sale.
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Unauthorized Activities
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Submissions and unauthorized use of any Materials or Third Party Content
contained on this Site may violate certain communications statutes and
regulations and other applicable laws and regulations, as well as copyright
laws, trademark laws, the laws of privacy and publicity. You alone are
responsible for your actions or the actions of any person using your user
name and/or password. As such, you shall indemnify and hold ThinkLoud
and its officers, directors, employees, affiliates, agents, licensors,
and business partners harmless from and against any and all costs, damages,
liabilities, and expenses (including attorneys' fees) incurred by ThinkLoud
or any other indemnified party relating to, arising from, or for the purpose
of avoiding, any claim or demand from a third party that your use of the
Site or the use of the Site by any person using your user name and/or
password (including without limitation your participation in the posting
areas or your Submissions) violates any applicable law or regulation,
or the rights of any third party.
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Disclaimer of Warranties
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Your use of the Site is at your own risk. The Site
may include certain inaccuracies or typographical errors that may affect
the quality of the Materials and the Third Party Content. Neither the
Materials nor the Third Party Content have been independently verified
or authenticated in whole or in part by ThinkLoud, and you agree that
ThinkLoud does not warrant the accuracy or timeliness of the Materials
or the Third Party Content contained on this Site. ThinkLoud has no
liability for any errors or omissions in the Materials and/or the Third
Party Content, whether provided by ThinkLoud or our licensors.
ThinkLoud, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES
NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE
SITE OR ANY MATERIALS OR THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED
TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY
INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION
THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER
VISITORS TO THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, MATERIALS, THIRD PARTY
CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED
TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS, AND IS FOR
PERSONAL, NON-COMMERCIAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
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Limitation of Liability
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ThinkLoud SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES
IN CONNECTION WITH THE SITE. IN NO EVENT SHALL ThinkLoud BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER
FOR BREACH OR IN TORT, EVEN IF ThinkLoud HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. |
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Export Control
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ThinkLoud controls and operates this Site from
its headquarters in the United States of America and makes no representation
that the Materials are appropriate or will be available for use in other
locations. If you use this Site from outside the United States of America,
you are entirely responsible for compliance with applicable local laws,
including but not limited to the export and import regulations of other
countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing
or promotional materials found on this Site are solely directed to individuals,
companies or other entities located in the United States.
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General |
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ThinkLoud does not monitor your postings to the
Site. However, in our efforts to promote good citizenship within the
Internet community, if ThinkLoud becomes aware of inappropriate use
of the Site or any of our services, ThinkLoud will respond in any
way that, in our sole discretion, ThinkLoud deems appropriate. You
acknowledge that ThinkLoud will report to law enforcement authorities
any actions that may be considered illegal, as well as any reports it
receives of such conduct. When requested, ThinkLoud will cooperate
fully with law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
If you violate these Terms, ThinkLoud reserves the right
to terminate service to you without notice. ThinkLoud's preferred
course of action is to advise you of your inappropriate behavior and
recommend any necessary corrective action. However, flagrant violations
of these Terms, as determined by ThinkLoud in our sole discretion,
will result in immediate termination of service. You understand that
ThinkLoud has the right to terminate any account for any reason that
ThinkLoud interprets as an abuse of the account.
Any action related to these Terms will be governed by
California law and controlling U.S. federal law, without regard to the
choice or conflicts of law provisions of any jurisdiction. You agree
to submit to the jurisdiction of the courts located in San Francisco
County, in the State of California, for the resolution of all disputes
arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of
competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties, with all other provisions remaining in full force and
effect. The failure of ThinkLoud to enforce any right or provision
in these Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by ThinkLoud in writing. The Terms
comprise the entire agreement between you and ThinkLoud and supersede
all prior or contemporaneous negotiations, discussions or agreements,
if any, between the parties regarding the subject matter contained herein.
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US Government Rights
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This Service includes Computing Reviews and other materials which are
commercial technical data and/or computer data bases and/or commercial
computer software and/or commercial computer software documentation, as
applicable, which were developed exclusively at private expense by ThinkLoud,
17 W. 17th Street, 7th Floor, New York, NY 10011. US Government rights
to use, modify, reproduce, release, perform, display, or disclose these
technical data and/or computer data bases and/or computer software and/or
computer software documentation are subject to the restricted rights provisions
of FAR 52.227-19 (June 1987), as applicable, and any associated contract
and/or purchase order signed between ThinkLoud and a particular government
agency.
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Trademarks |
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Computing Reviews is a registered service mark of ThinkLoud. All other trademarks,
product names and company names or logos cited herein are the property
of their respective owners.
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Copyright Notice
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All Web site design, text, graphics, the selection and arrangement thereof,
are Copyright © 2000-2024 ThinkLoud. ALL RIGHTS RESERVED. Any other
use of materials on this Web site, including modification, distribution,
or republication, without prior written permission of ThinkLoud is strictly
prohibited.
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Copyrights and Copyright Agents
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ThinkLoud respects the intellectual property of
others, and we ask our users to do the same. ThinkLoud may, in appropriate
circumstances and at our discretion, terminate service to users who
infringe the intellectual property rights of others. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please contact us at info@computingreviews.com and provide ThinkLoud's copyright
agent the following information required by the Digital Millennium Copyright
Act, 17 U.S.C. § 512:
- an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim
has been infringed, including the URL (i.e., web page address) of
the location where the copyrighted work exists or a copy of the copyrighted
work;
- identification of the URL or other specific location
on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
- a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's
behalf.
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ThinkLoud's agent for notice of
claims of copyright infringement on this Web site can be reached as
follows:
By mail: |
By phone: |
By email: |
Ms. Mary-Lynn Bragg
17 W. 17th Street 7th Floor
New York, NY 10011 |
+1 (650) 812-3569 |
marylynn@thinkloud.com |
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