ThumbPeople.com Terms and Conditions
The ThumbPeople.com website is operated by ThumbPeople, Inc. (TP). The mailing address for ThumbPeople is 14400 W. Burnsville Pkwy, Burnsville, MN 55306
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms of Use (TOU) and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. By accessing or using this website, you, either an individual or a single entity (“you” or “your” as applicable), are bound by the notices, terms and conditions in this statement and, as applicable, elsewhere on http://www.thumbpeople.com/ including but not limited to our Privacy Policy. If you do not agree with any of these Terms and Conditions, do not use the ThumbPeople.com website.
These Terms and Conditions May Change
TP reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
Website Content:
Content on this Website is meant for all audiences. As a user of the website and/or member of any ThumbPeople club, you understand that you will be exposed to a variety of videos, audios and written material by viewing this website and/or joining the Club. You further understand and acknowledge that you may be exposed to material on the videos that is offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TP with respect thereto, and agree to defend, indemnify and hold harmless TP, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of this Website or participation in the Club.
User Conduct:
By using the Information and Products, you agree that you will not use the Information or Products for any purpose that is unlawful or prohibited by these TOU. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of this Website is expressly prohibited.
Services and Products
Through its website, TP provides you with access to various resources, including communication and information through the website (“Information”) and purchase of products and services (“Products”). Information and Products are subject to the TOU.
PRIVACY STATEMENT
For each visit to its website, TP only collects your IP address when you subscribe to the database in order to monitor website traffic. TP does not collect personal information from you unless you voluntarily provide it to TP. You voluntarily provide your e-mail address when you submit information through the web-site. For example, TP collects your e-mail address when you post messages to our discussion forums, complete online web forms, communicate with TP by e-mail, or when you make postings to our chat areas. It is completely optional for you to participate in the foregoing. The information TP collects is used to improve the content of its website, to notify you about updates to its website and for marketing purposes that target your specific needs. TP does not use cookies to retrieve information from your computer. We do not share, rent or sell any personal information about you to any third parties. We do not share, rent or sell your e-mail address or any other contact information to third parties. TP will not disclose any personal information about you except when you give authorization, or when TP is required to do so by law. Periodically, TP may send you information regarding products, services or upcoming events through direct mailings or e-mails. If you do not want to be included on TP’s marketing lists, you may opt out through the unsubscribe link at the bottom of the emails, by sending an e-mail to Thumbuddy@thumbpeople.com or by mail to ThumbPeople Inc at 14400 West Burnsville Pky, Burnsville, Minnesota 55306 stating that you do not want to be included on TP’s marketing list. Other third party web-sites may be accessed through TP’s web-site. The privacy practices of third party web-sites are not covered by TP’s privacy statement and TP is not responsible for the privacy practices or content of other third party web-sites.
By posting a Testimonial you are granting TP permission to use your Testimonial in connection with promoting its products and services on the web-site. You will not be compensated for your Testimonial and TP is not required to use your Testimonial. TP may remove your Testimonial at any time. By using the web-site, you consent to the collection of information as outlined in this Privacy Statement. TP reserves the right to change this Privacy Statement at any time. TP takes special steps to safeguard the privacy of children. It is important for children to get permission from their parents before accessing or supplying any personal information to TP. We will never knowingly collect personally identifiable information from people under eighteen (18) years of age. If you would like to contact us regarding this Privacy Statement, please write to us at ThumbPeople Inc, 14400 West Burnsville Pky, Minnesota, 55306.
Copyright Notice
All of the Content you see and hear on the ThumbPeople.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ThumbPeople, Inc. one of its affiliates or by third parties who have licensed their materials to ThumbPeople. Thumbuddy and the character of Thumbuddy are registered trademarks of ThumbPeople, Inc. The other Thumbuddy characters, art, graphics, and videos are copyrights and/or trademarks of ThumbPeople, Inc. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and ThumbPeople.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ThumbPeople, Inc reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from ThumbPeople, Inc.
Reselling ThumbPeople Products
ThumbPeople products which are sold on-line must be at the suggested retail price. ThumbPeople strives to provide products with good, positive, and family related messages. As such ThumbPeople has the right to refuse sales at will.
Return Policy
ThumbPeople return policy is that any defective, incorrect or item damaged upon your receipt may be returned within 30 days of receipt via the U.S. Postal Service (preferably by Media Mail, if qualified). We will gladly ship a replacement and reimburse you for your return postage. Any item you are not satisfied with (the product was not what you expected, arrived too late, etc) must be returned within 30 days of receipt and received by us in salable condition, will be issued an exchange or refund of merchandise cost only – less a 20% restocking fee. Any customized product (such as those imprinted with a name) may not be returned for replacement or refund, unless the imprint or item is defective. Videos, CDs, cassettes, DVDs or other media may only be returned for refunds if UNOPENED. If opened, they may be returned only for replacement with the same item. Any return that does not comply with the above policy will be given to a charity of our choice, and no refund or exchange will be issued.
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to ThumbPeople.com shall be and remain the exclusive property of ThumbPeople, Inc. Your submission of any such Comments shall constitute an assignment to ThumbPeople.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ThumbPeople.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Submitted Content (including, but not limited to, text, photos, video, forums, chat or any other messaging service). The ThumbPeople.com message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
•The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or ThumbPeople, Inc rule or policy.
•The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
•The impersonation of any person or entity in any part of a gift message.
You are solely responsible for the content of any messages and/or images you submit and ThumbPeople assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other ThumbPeople guests or any third party. ThumbPeople reserves the right to purge the content you provide after 90 days of creation.
You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
DISCLAIMERS –– GENERAL
THE THUMBPEOPLE.COM WEBSITE IS OPERATED BY THUMBPEOPLE CORPORATION, ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, THUMBPEOPLE.COM, THUMBPEOPLE CORPORATION, AND THEIR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THUMBPEOPLE CORPORATION DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THUMBPEOPLE CORPORATION MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THUMBPEOPLE CORPORATION ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
THE INFORMATION FOUND ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO INFORMATION OR PRODUCTS INCLUDING ALL WARRANTIES OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR INFRINGEMENT.
TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS, LICENSORS DO NOT WARRANT THAT THE FUNCTIONS OF THIS WEB-SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB-SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES. TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS, LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE INFORMATION IN THIS WEB-SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE THUMBPEOPLE CORPORATION BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY THUMBPEOPLE CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE THUMBPEOPLE CORPORATION BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE THUMBPEOPLE.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
