ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THUMBS UP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
I. BASIC TERMS
- You must be at least 18 years old and located in the United States to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs related to your account or as a result of a post created by your account.
- You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
- You represent that all information you provide or provided to Thumbs Up upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Thumbs Up users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You may not use the Service in connection with any illegal or unauthorized business.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Thumbs Up.
- You must not access Thumbs Up’s private API.
- You must not create or submit unwanted email, comments, likes or other forms of harassing communications (a/k/a “spam”) via the Service.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way the Service or posts created within the Service are rendered or displayed in a user’s browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to: using an automated device, script, bot, spider, crawler or scraper.
II. GENERAL CONDITIONS
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Thumbs Up account and unsubscribe from the Service by emailing email@example.com. If we terminate your access to the Service or you deactivate your account, any data maintained by Thumbs Up will no longer be accessible through your account, but those materials and data may persist and appear within the Service (e.g., if your Content has been posted by others).
- You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms.
- The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.
- We reserve the right to refuse access to the Service to anyone, for any reason, at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your use of the Service and your interaction with any other users of the Service or individuals who post Content created using the Service (“Poster”), whether online or offline. You agree that Thumbs Up is not responsible or liable for the conduct of any user of the Service or any Poster.
- Thumbs Up reserves the right, but has no obligation, to monitor or become involved in disputes between you and any Poster.
- Exercise common sense and your best judgment when interacting with others, including when you submit Content, share Content with a Poster, or share any personal information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third- party web sites or featured in posts created with the Service. The Service may include third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service with a third-party web site or feature. For example, the Service includes a feature that enables you to share Content created with the Service with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Thumbs Up does not control any of these third-party web services or any of their content. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THUMBS UP IS IN NO WAY RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD-PARTY SERVICES OR FEATURES.
- You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or the Content you create using the Service with a third- party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Thumbs Up has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Thumbs Up harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means.
- You agree that you will be solely responsible for any Content you create using the Service. You further agree that you will be solely responsible for any Content which
is posted on another platform or Application by any Poster you send Content to, whether or not that Content is modified by the Poster.
- YOU AGREE AND SHALL INDEMNIFY AND HOLD HARMLESS THUMBS UP FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE, OR FROM THE CONDUCT OF ANY POSTER OR FROM ANY ACTIVITY ARISING FROM YOUR USE OF THE SERVICE AND AGAINST ANY CLAIMS BY ANY POSTER, WHETHER RELATED TO THUMBS UP OR NOT. YOU SHALL REIMBURSE THUMBS UP FOR ALL COSTS, ATTORNEY’S FEES, EXPENSES AND LIABILITIES INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY ACTION OR PROCEEDING BROUGHT THEREON. FURTHER IN CASE ANY ACTION OR PROCEEDING BE BROUGHT AGAINST THUMBS UP BY REASON OF ANY SUCH CLAIM, YOU SHALL, UPON NOTICE FROM THUMBS UP, DEFEND THE SAME AT YOUR EXPENSE BY COUNSEL SATISFACTORY TO THUMBS UP. YOU, AS A MATERIAL PART OF THE CONSIDERATION TO THUMBS UP, HEREBY ASSUME ALL RISK OF DAMAGE TO PROPERTY OR INJURY TO PERSONS, ARISING FROM ANY CAUSE AND YOU HEREBY WAIVE ALL CLAIMS IN RESPECT THEREOF AGAINST THUMBS UP.
III. RIGHTS IN CONTENT
- Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Thumbs Up may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The Service contains content owned or licensed by Thumbs Up, including but not limited to templates for posts created using the Service (“Thumbs Up Content”). Thumbs Up Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Thumbs Up, Thumbs Up owns and retains all rights in the Thumbs Up Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Thumbs Up Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Thumbs Up Content.
- The Thumbs Up name and logo are trademarks of Thumbs Up, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Thumbs Up.
- Although it is the intention of Thumbs Up for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Thumbs Up reserves the right to remove any Content, including but not limited to any templates or previous posts, from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Thumbs Up, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Thumbs Up will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission and creation of Content or other information may not be secure.
members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Thumbs Up, and Thumbs Up will not be liable for any use or disclosure of any Content you provide.
- If Thumbs Up finds that you have created Content using the Service which violates any intellectual property rights or laws, Thumbs Up may, in its sole discretion, terminate your access to the Service.
- If Thumbs Up terminates your access to the Service for any reason, you shall not be entitled to a refund of any monies already paid to Thumbs Up.
- If you choose to send us content, information, ideas, suggestions, or other materials, you agree that Thumbs Up is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- Thumbs Up may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Paid Services”), including the ability to purchase products, services and enhancements, such as the ability to create multiple templates or use premium templates (“In-App Purchases”). If you choose to use the Paid Services or purchase In-App Purchases, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Paid Services and In-App Purchases, and such additional terms are incorporated herein by reference.
- You may purchase Paid Services and In-App Purchases through the following payment methods (each, a “Payment Method”): (a) making a purchase through the Apple App Store, Google Play Store, or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”) or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third party processor. Once you have requested a Paid Service or In-App Purchase, you authorize us to charge your chosen Payment Method and your payment is non- refundable. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Payment Method at any time, you can do so via the Third Party Store. Your subscription to the Paid Services will automatically renew until you decide to cancel in accordance with such terms.
- In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
- If you choose to purchase an In-App Purchase, you will be prompted to enter details for your account with the Third Party Store you are using (e.g., Android, Apple, etc.) (the “Mobile Platform Account”), and your Mobile Platform Account will be charged for the Paid Service and/or In-App Purchase in accordance with the terms disclosed to you at the time of purchase, as well as the general terms applicable to all other in-app purchases made through your Mobile Platform Account (e.g., Apple App Store, etc.). Paid Services and In-App Purchase may include one-time purchases as well as monthly subscriptions (e.g., a one-month subscription, six-month subscription, one-year subscription, etc.) to additional account features.
- At the end of the free trial period (if any), you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. Please note that for Paid Services and In-App Purchase bought on a subscription basis, your subscription will automatically renew for the same subscription period as you initially purchased (e.g., if you bought an In-App Purchase on a six-month subscription, your subscription will be automatically renewed for an additional six- months). To avoid any charges for additional periods, you must cancel before the end of the free trial period, subscription period or renewal, as applicable, in accordance with the terms and conditions of your Mobile Platform Account and the terms and conditions of any applicable Third Party Store.
- Thumbs Up reserves the right to change the prices of any Paid Service or In-App Purchase at any time and for any reason.
- You agree that Paid Services and In-App Purchases will be billed continuously for the subscription or service until you cancel in accordance with your Mobile Platform Account’s or your Payment Method’s terms. In all cases, we are not responsible and have no liability whatsoever for any payment processing errors (including card processing, identity verification, analysis and regulatory compliance) or fees or other service-related issues, including those issues that may arise from inaccurate account information, or products or goods you obtain through your Mobile Platform Account or Third Party Stores. Any descriptions and images of, and references to, products or services (including Paid Services or In-App Purchases) do not imply our or any of our affiliates’ endorsement of such products
or services. Further, Thumbs Up explicitly reserves the right, with or without prior notice, for any reason, to change product descriptions, images, and references; to limit the available quantity of any Service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any Service. Further, if we terminate your use of the Service because you have breached these Terms, you shall not be entitled to a refund of any unused portion of any fees, payments or other consideration. We strongly encourage you to review the terms and conditions of the applicable third party payment processors, Third Party Store or Mobile Platform Account before you make any In-App Purchases or Paid Service purchases.
- The following additional terms and conditions apply to you if you download the Service from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the Service and the Third Party Store. You acknowledge and agree that:
a. These Terms are concluded solely between you and Thumbs Up and not with the providers of the Third Party Store, and Thumbs Up (and not the Third Party Store providers) is solely responsible for the Service and the content thereof.
b. To the extent that these Terms provide rules for the Service which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the Service, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
c. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the Service. Thumbs Up is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
d. Thumbs Up, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the Service or your use of the Service.
e. The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the Service will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
- Collecting Your Information
a. Registration Information – Upon your first use of the Service, you will be asked to create an account (“Account”), we may collect certain information (“Registration Information”) about you (and your company). You will also be required to create a password in connection with the registration of your Account. The information we collect helps to enhance the Service and verify our Users. Registration Information may be visible to the public. Registration Information may include things such as:
• Business Name;
• Business Address;
• Email address;
• Mobile number;
• Location; and
• Login information and friend lists for social media accounts that you may connect to the Services (this could include, for example, your Facebook and Instagram accounts (“Social Media Accounts”).
b. Additional Information – We may ask you to provide your full name, address and email address. Such details may be shared with third parties by Thumbs Up or by posts made by the Posters. We may also collect additional information in connection with your use of the Service.
c. If you contact our Customer Support team, we will receive your email address, and may track your IP address as well as the information you send to us to help resolve your query.
d. We recommend and encourage you (and all our members) to think carefully about the information you disclose about yourself and your business. We also do not
e. For safety and security and to ensure you have the best possible user experience, we require you to verify your accounts and might ask for your phone number. We may use a third party provider for account verification who will keep your phone number for up to 90 days for fraud identification purposes. We collect and use your phone number on the basis of our legitimate interests and for the prevention of fraud.
g. If you decide to purchase any of our Paid Services or In-App Purchases, we will process your payment information and may retain this securely for the prevention of fraud and for audit/tax purposes.
- By using the Service, you acknowledge that Thumbs Up may operate through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence.
- Although our Service is a general audience Service, we restrict the use of our Service to individuals age 18 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 18.
- We take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, posts, or other communications will always remain secure.
- You agree that we may communicate with you electronically regarding security, privacy, and administrative issues, such as security breaches. We may post a notice on our Service
if a security breach occurs. We may also send an email to you at the email address you have provided to us. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
- California Residents (also see CCPA Addendum)- For users who are California residents, the data we may collect falls within the following categories of “personal information,” as defined by the California Consumer Privacy Act (CCPA):
a. Identifiers, such as name and location;
b. Personal information, as defined in the California customer records law, such as contact (including email and telephone number) and financial information;
c. Commercial information, such as transaction information and purchase history;
d. Internet or network activity information, such as browsing history and interactions with our websites and apps;
e. Geolocation data, such as mobile device location;
f. Audio, electronic, visual and similar information, such as photos and videos;
g. Professional or employment-related information, such as work history and prior employer;
h. Non-public education information; and
i. Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
- Disclosure of Information
Thumbs Up does not disclose your Registration Information, except in the limited circumstances described here:
Circumstances where data may be disclosed Disclosed data Your Consent – If you consent, we may share or
disclose your Registration Information, such as when you use a third-party web client or application to access your Account.
This could include all data, including all CCPA Categories listed above
Service Providers – We engage certain trusted third parties to perform functions and provide services to us. We may share your Registration Information with these third parties, but only for the purposes of performing these functions and providing such services e.g. information technology companies (hardware and software) which provide services to support our products and help us with information security matters.
This could include all data, including all CCPA Categories listed above
Payment Processing and Telecommunications Companies – To facilitate payments for our premium services.
Cardholder name, cardholder address, card number, payment amount, transaction date/time (CCPA Categories A, B, and D)
Law and Harm – We will cooperate with all third parties to enforce their intellectual property or other rights. We will also cooperate with law enforcement enquiries from within or outside your country of residence where we are required to by law, where there is an investigation into alleged criminal behavior or to protect the vital interests of a person. This may include preserving or disclosing any of your information, including your Registration Information, if we believe in good faith that it is necessary to comply with a law or regulation, or when we believe that disclosure is necessary to comply with a judicial proceeding, court order, or legal request; to protect the safety of any person; to address fraud, security or technical issues
e.g. through anti-spam providers to protect the service from criminal activity or to protect our rights or property or those of third parties. In such cases we may raise or waive any legal objection or right available to us.
This could include any personal data that Thumbs Up holds about you, depending on the nature of the request or the issue that we are dealing with, including all CCPA Categories listed above
Business Transfers -In the event that Thumbs Up or any of its affiliates undergo a business transition or change of ownership, such as a merger, acquisition by another company, re-organization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.
This could include all personal data that Thumbs Up holds about you, including all CCPA Categories listed above
Advertising Partners – To serve targeted advertisements to users.
Device ID, geolocation data, demographic data (CCPA Categories C, F, and G)
Anti-Spam and Anti-Fraud -Your data may be shared with other Thumbs Up affiliates, for example, to block accounts and suspected fraudulent payment transactions as part of our anti-spam and anti-fraud procedures.
Email address, phone number, IP address and IP session information, social network ID, username, user agent string, and transaction and payment data (CCPA Categories B, F and D).
Aggregated Information – We may share aggregated information with third parties that includes your personal data (but which doesn’t identify you directly) together with other information including log data for industry analysis and demographic profiling. You may opt out of receiving marketing messages by using the opt-out mechanisms and links provided in each email.
- We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy. Measures are taken to ensure that the data shared is non-attributable to the greatest extent possible.
- Thumbs Up does not sell your data and has not sold your personal data in the previous 12 months.
VI. NO WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT CREATED AND SHARED WITH THE SERVICE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THUMBS UP NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “THUMBS UP PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT; (C) ACTIONS OF THE POSTER; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THUMBS UP OR VIA THE SERVICE. IN ADDITION, THE THUMBS UP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE THUMBS UP PARTIES DO NOT ENDORSE CONTENT CREATED WITH THE SERVICE AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT OR USE OF THE SERVICE.
VII. LIMITATION OF LIABILITY AND WAIVER
UNDER NO CIRCUMSTANCES WILL THE THUMBS UP PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE CONTENT;
(C) ACTIONS OF THE POSTER; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE THUMBS UP PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE THUMBS UP PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE).
IN NO EVENT WILL THE THUMBS UP PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE THUMBS UP PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THUMBS UP’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE THUMBS UP PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE THUMBS UP PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU WAIVE ANY AND ALL CLAIMS, INCLUDING CLAIMS FOR GROSS NEGLIGENCE, WHICH MAY BE AVAILABLE TO YOU UNDER FLORIDA LAW OR THE LAW OF ANY OTHER JURISDICTION.
THUMBS UP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES OR BROUGHT AGAINST YOU BY ANY THIRD PARTIES.
IX. GOVERNING LAW, VENUE, AND FORUM; NO WAIVER
Any controversy or claim arising out of or relating to these Terms, or the breach thereof, the use of the Service, or the Content shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Orlando, Florida. The arbitration shall be governed by the laws of the State of Florida.
X. ENTIRE AGREEMENT
CCPA Addendum to Thumbs Up’s Privacy Policies: Compliance with the California Consumer Privacy Act (CCPA)
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their Personal Information (“PI”). This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your PI over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
• The categories of PI we collected about you.
• The categories of sources for the PI we collected about you.
• Our business or commercial purpose for collecting or selling that PI.
• The categories of third parties with whom we share that PI.
• The specific pieces of PI we collected about you (also called a data portability request).
• If we disclosed your PI for a business purpose, identifying the PI categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your PI that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your PI from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
• Complete the transaction for which we collected the PI, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you.
• Detect security incidents; protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
• Engage in public or peer-reviewed scientific, historical or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the
information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise the access, data portability and deletion rights described in the Access to Specific Information and Data Portability Rights and Deletion Request Rights sections, please submit a verifiable consumer request to us by either:
• Calling us at 407-212-7824
• Emailing us at email@example.com.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your PI. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PI or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use PI provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your PI that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website home page.