ThreadShots.com Terms of Service page.

Terms of Service

The following terms and conditions govern all use of the ThreadShots.com website and all content, services and products available at or through the website, including, but not limited to, the ThreadShots.com Browser Extension (“Extension”) and the ThreadShots.com Image Printing and Download service (“Print Service”), (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Intoli, LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by Intoli, LLC (collectively, the “Agreement”). Your agreement is with Intoli, LLC (“Intoli, LLC” or “we”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Intoli, LLC, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not use the Website. Any person who submits content to the Website, uses the Extension, or provides their personal information to the Website represents that they are 13 years of age or older.

1. Responsibility of Contributors. If you use the Extension, comment on a post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to Intoli, LLC for inclusion on the Website, you grant Intoli, LLC a perpetual, irrevocable, world-wide, royalty-free, non-exclusive, sub-licensable, and transferable right and license to reproduce, modify, adapt, publish, and create derivative works from the Content. The selling of prints and digital copies of the Content or derivative works based on the Content as part of the Print Service is explicitly allowed by this license. This license additionally allows Intoli, LLC to make publicly-posted content available to third parties selected by Intoli, LLC so that these third parties can analyze, distribute, and publicly display your content through their services. You also give other ThreadShots.com users permission to share your Content on other sites in instances where that sharing is in accordance with these Terms of Service. If you delete Content, Intoli, LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Intoli, LLC has the right (though not the obligation) to, in Intoli, LLC’s sole discretion (i) refuse or remove any content that, in Intoli, LLC’s reasonable opinion, violates any Intoli, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Intoli, LLC’s sole discretion.

2. Extension

   1. General Terms. Use of the Extension will result in the production of derivative works (“Threadshots”) by the Website based on user selected Content. These Threadshots and personal metadata consisting of your name, username, profile id, and email as they appear on Facebook.com will be submitted to the Website. The personal metadata is used solely for the purpose of contacting you, grouping your Threadshots for your convenience, and facilitating your access to adminstrative functions such as deleting your submitted Content. All personal information will be protected according to Intoli, LLC’s Privacy Policy. The Threadshots will be made publicly available through the Website but you have the right to delete them at any time. Intoli, LLC will own the copyright of the submitted Threadshots but you will be granted a license for reuse as laid out in the terms for the use of the ThreadShots.com website. If you do not agree to these terms then you must not use the Extension.

   2. Permitted Use. The Extension may only be used for the production of derivative works which do not infringe on the copyright or intellectual property rights of others. By using the Extension to submit Content to the Website you agree that to the best of your knowledge the resulting derivative works qualify as fair use and that you take full liability for any any resulting infringement and any violation of any other law. Intoli, LLC expressly disclaims any and all liability in connection with submitted Content to the Website.

   3. Restricted Use. Any modification of the Extension by a party other than Intoli, LLC is expressly forbidden.

3. Print Service

   1. Pricing; Payment. By making a purchase through the ThreadShots.com Print Service you agree to pay Intoli, LLC the specified product costs, taxes, and shipping costs in exchange for the selected products. All prices are stated in US dollars. Prices are subject to change at any time prior to our acceptance of your order. In the event that you place an order and the total that you confirmed was incorrect, Intoli, LLC may contact you and offer you the option to have Intoli, LLC fulfill your order at the correct price.

   2. Permitted Use. You may use the products pruchased through the ThreadShots.com Print Service for personal use only. You may not redistribute or republish the content in any way without prior written consent from Intoli, LLC. If Intoli, LLC believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Website may be temporarily or permanently revoked, with or without notice. If a violation of these terms is deemed to also consititute a violation of copyright law then Intoli, LLC may also take actions to cease and desist the infringement as well as to seek damages in accordance with the law.

4. ThreadShots.com Website

   1. General Terms. Intoli, LLC hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the ThreadShots.com website provided that you agree to these Terms. You are granted a revocable, world-wide, royalty-free, non-exclusive, non-sub-licensable, and non-transferable right to reproduce and publish the Threadshots produced by the Website without modification. Any modification which includes, but is not limited to removing or obscuring attribution information will result in the immediate and automatic revocation of this license. Additionally, this license may be revoked for any reason at any time, in Intoli, LLC’s sole discretion.

5. Responsibility of Website Visitors. Intoli, LLC has not reviewed, and cannot review, all of the material posted to the Website and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website, Intoli, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Intoli, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ThreadShots.com links, and that link to ThreadShots.com. Intoli, LLC does not have any control over those non-ThreadShot websites and webpages, and is not responsible for their contents or their use. By linking to a non-ThreadShot website or webpage, Intoli, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Intoli, LLC disclaims any responsibility for any harm resulting from your use of non-ThreadShot websites and webpages.

7. Copyright Infringement and DMCA Policy. As Intoli, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ThreadShots.com violates your copyright, you are encouraged to notify Intoli, LLC in accordance with Intoli, LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. Intoli, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Intoli, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Intoli, LLC or others.

8. Intellectual Property. Unless specified elsewhere in these Terms, this Agreement does not transfer from Intoli, LLC to you any Intoli, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Intoli, LLC. Intoli, LLC, ThreadShots, ThreadShots.com, the ThreadShots.com logo, and all other trademarks, service marks, graphics and logos used in connection with ThreadShots.com, or the Website are trademarks or registered trademarks of Intoli, LLC or Intoli, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Intoli, LLC or third-party trademarks.

9. Advertisements. Intoli, LLC reserves the right to display advertisements on any pages on the ThreadShots.com website.

10. Attribution. Intoli, LLC reserves the right to display attribution information such as ‘made at threadshots.com’ in derivative works created using the Website. These credits may not be altered or removed. Any violation of this policy will result in the immediate revocation of any license to use an image that has been granted to a user.

11. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. The fact that we do not have contact information for the majority of our users makes informing users of the changes impractical. You should check these Terms regularly for changes. If you disagree with our changes, then you should stop using ThreadShots.com immediately. Your continued use of ThreadShots.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

12. Termination. Intoli, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ThreadShots.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties. The Website is provided “as is”. Intoli, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Intoli, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Limitation of Liability. In no event will Intoli, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Intoli, LLC under this agreement during the twelve (12) month period prior to the cause of action. Intoli, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Intoli, LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. US Economic Sanctions. You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Intoli, LLC reserve the right to terminate accounts or access of those in the event of a breach of this condition.

17. Indemnification. You agree to indemnify and hold harmless Intoli, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

18. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

19. Miscellaneous. This Agreement constitutes the entire agreement between Intoli, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Intoli, LLC, or by the posting by Intoli, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Intoli, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.