ThumbScribes: Terms of Service

ThumbScribes ("ThumbScribes" or "we") is a website owned and operated by ThumbScribes Inc.

The following terms of service (the "Agreement") between ThumbScribes and you (the "user" or "you") explain the conditions upon which ThumbScribes' services are provided as well as your rights and responsibilities in using ThumbScribes' website. We encourage you to read the Agreement thoroughly before registration and check back periodically for changes to its terms.

1. User Registration Requirements
1. In order to create and collaborate on writing projects with other ThumbScribes users, you must register. Registration is free.
2. At registration, you will be asked to provide your name, email address and date of birth.
3. You must be thirteen (13) years of age or older to qualify for registration. Individuals younger than thirteen (13) years of age are strictly prohibited from using ThumbScribes' services.
2. Your Responsibilities
1. You are solely responsible for your activities as a ThumbScribes user and you must keep your password secure. You must notify ThumbScribes' privacy officer immediately if you believe your user account has been breached. Although ThumbScribes will not be liable for any losses stemming from unauthorized use of your account, you may be liable for the losses of others relating to any such unauthorized use.
2. As a user of ThumbScribes you will not:
   1. use our sites or services if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from our sites;
   2. violate any laws, third party rights, or deemed to be damaging to the ThumbScribes community, to be determined at the sole discretion of ThumbScribes;
   3. post defamatory, false, and misleading content;
   4. post any content that infringes on another party's intellectual property rights;
   5. transfer your membership to another party;
   6. distribute or post spam or engage in phishing attacks;
   7. distribute viruses or compromise ThumbScribes' data or security system in any way;
   8. infringe on ThumbScribes' copyrights and trademarks; or
   9. harvest or otherwise collect information about users, including email addresses, without their consent.
3. ThumbScribes' Services
1. ThumbScribes offers an online platform for creative and collaborative writing.
2. User can co-create content with a curated group of friends or the public at large.
3. ThumbScribes allows content published on ThumbScribes to be posted on third party sites such as Facebook and Twitter.
4. Intellectual Property
1. Your Content
1. "Your Content" is defined as any writing that you as a member may post on ThumbScribes' website.
2. ThumbScribes does not claim ownership over your content. You expect that the contributions you make as a ThumbScribes user are inseparable from the collaborative work as a whole, and that the collaborative work will be characterized as a single joint work of authorship under U.S. Copyright law. As a joint author of the collaborative work you retain full copyright ownership in the collaborative work as a whole.
3. In order to provide you with the ability to use our services, you agree to grant us a royalty-free, perpetual, non-exclusive license to copy, distribute, publicly display, create derivate works from, and sublicense Your Content.
4. You are solely responsible for Your Content. You agree to indemnify ThumbScribes and its affiliates from any disputes arising from Your Content.
5. ThumbScribes respects the intellectual property of others and asks its users to do the same. You agree and warrant that Your Content will not contain anything to which you do not have the rights or valid license to use.
6. ThumbScribes may, at its discretion, disable or terminate the accounts of members who may be infringing the intellectual property of a third party.
2. Our Content
1. In addition to providing users with a collaborative writing platform, ThumbScribes Inc. may produce its own content ("ThumbScribes Content") on the ThumbScribes website. ThumbScribes Content may include, but is not limited to, messages sent to users by ThumbScribes, website announcements, ThumbScribes trademarks, and images.
2. ThumbScribes reserves all copyrights in ThumbScribes Content posted on the website. Members may not copy, modify, display, perform or distribute any ThumbScribes Content.
3. ThumbScribes ™, as well as other names and marks so noted in ThumbScribes website are trademarks of ThumbScribes Inc. Other company or product names are the trademarks of their respective holders. No transfer or grant of any rights is made or to be implied by this Agreement, and all rights in such names, marks, and logos are reserved by ThumbScribes or its respective holders.
3. Procedure for Infringement Claims
1. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ThumbScribes with the following information, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the ThumbScribes website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
2. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice under 17 U.S.C. §512(g). Under 17 U.S.C. §512(g)(3), counter-notices must include following information:
1. your physical or electronic signature;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. your name, address, and telephone number; and
5. a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under 17 U.S.C. §512(c)(1)(C) or an agent of such person.
3. Notices and counter-notices must meet the statutory requirements imposed by the DMCA and should be sent by letter or email to:

ThumbScribes
Attn: Copyright Agent
28 Howard Street, #2
New York NY 10013

admin@thumbscribes.com

5. Privacy
1. ThumbScribes respects its users' privacy and is committed to keeping user personal information secure. Please consult our Privacy Policy to review how we use and protect your information.
6. Disabling Your Account
1. You may disable your ThumbScribes account at any time.
2. We may also disable your account in the event of your violation of this Agreement or applicable laws. In such cases, we may keep your personal information stored on our servers to comply with our business needs, law enforcement or other legal requirements.
3. We reserve the right to use your name and your contributed content after the disabling of your account.
7. External and Third Party Use
1. ThumbScribes allows users to republish their content on external and public Web sites and social networks such as Facebook and Twitter.
2. ThumbScribes is not responsible for third party use of Thumbscribes content, including your publicly available texts or texts which you choose to publish to your social network, private Web site or other external medium.
3. While ThumbScribes provides you with the ability to retrieve and remove your posted content and personal information from the Thumbscribes Web site and services, this ability does not extend to copies that you have posted externally or others may have made.
8. Disclaimer of Warranties
1. You expressly agree that the use of ThumbScribes' website and its services is at your own risk.
2. Thumbscribes, and its affiliates, employees or agents, do not warrant that service will be uninterrupted or free from error.
3. ThumbScribes offers its services "as is." Thumbscribes will not be held liable, regardless of the cause or duration, for any errors, inaccuracies, or omissions in the information and services contained in ThumbScribes' website.
4. Except for the warranties set forth above, ThumbScribes makes no other warranties, express or implied, with respect to the products or services offered on ThumbScribes' website.
9. Limitation of Liability
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THUMSCRIBES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF THE WEBSITE, CONTENT OR ANY RELATED SERVICES.
2. YOU ACCEPT THAT THUMBSCRIBES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS OR THIRD PARTIES.
10. Indemnification
1. You agree to indemnify and hold ThumbScribes Inc., our officers, directors, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
11. Choice of Law
1. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
12. Dispute Resolution
1. You and ThumbScribes (the "parties") shall first attempt to resolve all disputes arising out of or in connection with this Agreement by amicable negotiations.
2. If either party gives written notice (the "Written Notice") to the other party that a dispute has arisen, and the parties are unable within sixty (60) days of the Written Notice to resolve the dispute, then, upon notice by either party to the other, any disputes shall be finally resolved by arbitration in accordance with the rules of the American Arbitration Association.
1. The number of arbitrators shall be one (1).
2. The place of arbitration shall be New York, NY.
3. The language of the arbitration shall be in English.
3. If you have a dispute with one or more users, you release us, our officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages arising out of or in any way connected with such disputes.
13. Modifications to this Agreement and the Privacy Policy
1. ThumbScribes reserves the right to modify this Agreement at any time.
2. Upon modification of this Agreement:
1. We will send you an email at the email address listed in your member account to notify you of the modifications; and
2. We will post a notification located at the top of the Agreement and the Privacy Policy for thirty (30) days after making any modifications to this Agreement or the Privacy Policy.
3. After notice of modification to the Agreement or the Privacy Policy has been posted for thirty (30) days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the "Historical Modifications" paragraph at the end of this Agreement and Privacy Policy. If you have not used ThumbScribes' website for more than thirty (30) days, you should check these two sections for any modifications to the Agreement or Privacy Policy prior to any further use of the website.
4. Your continued use of ThumbScribes' website will mean that you agree to and accept any modifications to the Agreement and Privacy Policy.
5. The notification procedure laid out above in section 13(b)-(d) only applies to this Agreement and the Privacy Policy. It does not apply to modifications made by other agreements between you and ThumbScribes.
14. Severability
1. If a provision of this Agreement is held unenforceable or invalid, such provision shall be struck and not affect the validity of any other provision in the Agreement.
15. Historical Modifications

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