ThisLife, Inc. ("ThisLife", "we", "our" or " us") provides a service that allows members to organize their photos, videos, notes and other content in a sharable online timeline through our website, accessible at www.thislife.com (the "Site") and as a mobile device application (the "Application"). These Beta Site Terms of Service ("Terms") establish the terms and conditions under which ThisLife will permit you to use a beta version of the Site and Application. These Terms govern your access to and use of the Site and Application and all text, graphics, images, music, software, audio, video, information or other materials made available on or through the Site and Application ("Content").
If you click on the "I accept" button or use the Site or Application, you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms, then T you have no right to use the Site and Application.
These Terms will remain in effect until terminated. You may terminate these Terms at any time by notifying ThisLife that you no longer desire to use the Site and Application. ThisLife may discontinue the Site and Application or terminate these Terms, at any time and for any reason. These Terms will automatically terminate without notice if you breach any of these Terms.
You acknowledge that: (a) the Site and Application have not been made commercially available (and may not be made commercially available by This Life); (b) the Site and Application may not be in final form or fully functional and may not operate properly or contain errors. You assume all risk arising from use of the Site and Application, including, without limitation, the risk of damage to your computer system or the corruption or loss of content or information.
The Site and Application are provided "AS IS," without warranty of any kind. ThisLife makes no representations or warranties regarding the suitability of the Site and Application for your intended requirements or purposes or regarding any data or information that you upload or access through the use of the Site and Application.
You agree to: (a) test the Site and Application and cooperate with ThisLife in evaluating the Site and Application; (b) work with ThisLife to identify and resolve any errors or problems in the operation of the Site and Application; and (c) provide ThisLife with feedback and comments and suggestions for improvements to the Site and Application (collectively, "Feedback"). All Feedback will be the sole and exclusive property of ThisLife and You assign to ThisLife and agree to assign to ThisLife all of your right, title, and interest in and to all Feedback, including all intellectual property rights therein. At ThisLife's request and expense, you will execute documents and take such further acts as ThisLife may reasonably request to assist ThisLife to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.
In order to use the Site and Application, you must register to create an account ("Account") and become a " Member." During the registration process, you will be required to provide certain information and you will establish a member ID and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. ThisLife reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify ThisLife of any unauthorized use of your Account.
As a Member, you have the option of granting ThisLife access to your accounts with certain third-party social media and networking sites (each, an " SNS") so that ThisLife can capture and make available on the Site and through the Application content that you have stored in your account(s) with such SNSs ("Member Content"). By granting ThisLife access to any such SNS content, you understand that ThisLife will access, make available and store (if applicable) such Member Content so that it is available on the Site and through the Application. ThisLife is not responsible for any Member Content stored on an SNS that you choose to make available on the Site and through the Application. Depending on the SNS you choose and subject to the privacy settings you have set in your SNS account(s), personally identifiable information that you post to your SNS account(s) will be available on the Site and through the Application. Please note that if an SNS account becomes unavailable or SNS terminates ThisLife's access to your SNS account(s), any Member Content from that SNS will no longer be available on the Site and through the Application. You have the ability to disable the connection between the Site and Application and your SNS account(s), at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
ThisLife offers a free account (no fees) and different levels of paid accounts. A description of the features associated with these account levels is available in the "Settings" section of the Site and Application. You may change your account level at any time by accessing the "Settings" section of the Site and Application.
When you register for a paid account, you will be required to provide customary billing information such as name, credit card number and billing address, select a subscription term and payment frequency (monthly or annual).
You agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Site and Application, if any. All fees are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.
The Site, Application and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ThisLife and its licensors exclusively own all right, title and interest in and to the Site, Application and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, Site and Application mark or other proprietary rights notices incorporated in or accompanying the Site, Application or Content. All trademarks, Site and Application marks, and logos and any other proprietary designations used on or in connection with the Site and Application are the trademarks or registered trademarks of ThisLife or its licensors or third parties.
Subject to your compliance with these Terms, ThisLife grants you a limited, non-exclusive, revocable license, without the right to sublicense, to access and view the Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Application and Content, except as expressly permitted in these Terms. ThisLife reserves all rights in the Content not expressly granted to you by these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ThisLife or its licensors, except for the licenses and rights expressly granted in these Terms.
Members may post, upload, publish, submit or transmit text, graphics, images, video, information or other materials, including comments, to be made available on the Site and through the Application ("Member Submissions"). By making available any Member Submissions on the Site or through the Application, you hereby grant to ThisLife a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy and transmit Member Submissions (and Member Content if applicable) only in connection with your use of the Site and Application. ThisLife does not claim any ownership rights in any Member Submissions or Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Submissions or Member Content. You acknowledge and agree that you are solely responsible for all Member Content and Member Submissions that you make available on the Site and through the Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Submissions and Member Content that you make available on the Site or through the Application or you have all rights, licenses, consents and releases that are necessary to grant to ThisLife the rights in such Member Submissions and Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor Member Submissions nor your posting, linking, referencing, uploading, publication, submission or transmittal of the Member Submissions or Member Content or ThisLife's use thereof on the Site or through the Application will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. YOU ASSUME THE ENTIRE RISK OF LOSS FOR ANY MEMBER CONTENT AND MEMBER SUBMISSIONS THAT YOU MAKE AVAILABLE ON THE SITE AND THROUGH THE APPLICATION.
As part of the functionality of the Site and Application, Members may share access to their Accounts, Member Content and Member Submissions with third parties. Please note that the Site and Application are intended for personal sharing purposes only. Accordingly, you agree not to use the Site and Application to publicly broadcast, distribute or share Member Content and Member Submissions beyond your family circle and a reasonable number of your social acquaintances. ThisLife reserves the right to suspend or terminate your Account if ThisLife determines, in its sole discretion, that you used the Site or Application to broadcast, distribute and/or share Member Content and Member Submissions with a broader audience. If you elect to share your Account, Member Content and Member Submissions with a third party, please note that such third party may (i) access, edit and view your Member Content and Member Submissions and (ii) upload his or her own Member Content and Member Submissions to your Account. If you wish to revoke a third party's access to your Account, you may do so via the "Settings" section of the Site and Application."
You agree not to do any of the following:
• Upload, publish, submit or transmit any text, graphics, images, software, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site and Application, or any individual element within the Site and Application, ThisLife's name, any This Life trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ThisLife's express written consent;
• Access, tamper with, or use non-public areas of the Site and Application, ThisLife's computer systems, or the technical delivery systems of ThisLife's providers;
• Attempt to probe, scan, or test the vulnerability of any ThisLife system or network;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measures (including any security or authentication measures) implemented by ThisLife or any of ThisLife's providers or any other third party to protect the Site, Application or Content;
• Attempt to access or search the Site, Application or Content or download Content from the Site or Application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ThisLife or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a ThisLife trademark, logo URL or product name without ThisLife's express written consent;
• Use the Site, Application or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Content;
• Interfere with the access of any Member, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site and Application;
• Collect or store any personally identifiable information from the Site or Application from other ThisLife Members without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Encourage or enable any other individual to do any of the foregoing.
ThisLife will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. ThisLife may involve and cooperate with law enforcement authorities in prosecuting Members who violate these Terms. You acknowledge that This Life has no obligation to monitor your access to or use of the Site, Application or Content or to review or edit any Member Content or Member Submissions, but has the right to do so for the purpose of operating the Site and Application, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ThisLife reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Member Content and Member Submissions, that ThisLife, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Application.
ThisLife respects copyright law and expects its Members to do the same. ThisLife has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see ThisLife's Copyright Policy at [www.thislife____/copyright policy] for further information.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that This Life is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Site and Applications on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ThisLife of such websites or resources or the content, products, or Site and Applications available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to defend, indemnify, and hold harmless ThisLife, and its officers and directors, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Site and Application or your breach of the terms of these Terms.
IN NO EVENT WILL THISLIFE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR PERFORMANCE OF THE SITE AND APPLICATION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THIS LIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of its conflict of laws rules or principles. You may not assign these Terms or any rights granted hereunder, by operation of law or otherwise, without ThisLife's prior written consent, and any attempt by you to do so, without such consent, will be void. The failure by ThisLife to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by authorized representatives of both parties. If any provision of these Terms is held unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter.
If you have any questions about these Terms, please contact ThisLife at email@example.com
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Our primary goals in collecting information are to provide and improve our Site, Application, services, features and content, to administer your account (together, the "Service") and to enable users to enjoy and easily navigate the Site and Application.
When you access the Site or Application, whether as a Member or a non-registered user just browsing (any of these, a"ThisLife User"), our servers automatically record information that your browser sends whenever you visit a website ( "Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type or the webpage you were visiting before you came to our Site or accessed our Application, pages of our Site and Application that you visit, the time spent on those pages, access times and dates, and other statistics. We use this information to monitor and analyze use of the Site, Application and the Service and for the Site's and Application's technical administration, to increase our Site's and Application's functionality and user-friendliness, and to better tailor the Site and Application to our visitors' needs. For example, some of this information is collected so that when you visit the Site or Application again, it will recognize you. We also use this information to verify that visitors to the Site and Application meet the criteria required to process their requests.
As part of the Service, Members may communicate with other Members and non-registered users through use of their accounts. When Members have selected the option of adding one or more email addresses to an online form, the message they create in the corresponding template will be sent from ThisLife to those email addresses on their behalf. These email addresses will be used only for the purpose of sending the email communication to the addressee.
Identity theft and the practice currently known as "phishing" are of great concern to ThisLife. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your member ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website.
Aggregate Information and Non-Identifying Information . We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers . We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site's and Application's features) or to assist us in analyzing how our Site, Application and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Compliance with Laws and Law Enforcement . ThisLife cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of ThisLife or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers . ThisLife may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
All Members may review, update, correct or delete the Personal Information in their Accounts by contacting us or via the "Settings" section of the Site and Application. If you completely delete all such information, then your Account may become deactivated. If you would like us to delete your record in our system, please contact us at firstname.lastname@example.org with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
We employ reasonable physical, technological, and administrative security measures and attempt to ensure they are applicable under the circumstances. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site or through the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Site and Application may contain links to other websites. If you choose to click on a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
The Site and Application are not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
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