User Representations and Warranties
Sweepstakes, Contests and Promotions
Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the IThanks.com Sites may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your sole responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) defined therein. The Third Party Outlets are in no way associated with the Company’s Promotions.
Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described at or about the applicable IThanks.com Sites. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of IThanks Bronze in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity; our right to change or limit the number of points you can earn during a given time period; our right to change the Activities or rewards available, or the number of points required for a particular reward.
Redeeming Points. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to the applicable Additional Terms. Supplies may be limited. Rewards are awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, award you a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of points. Points earned are only redeemable within a Rewards Program. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the IThanks.com Rewards Store. Products made available for rewards may be refurbished or “irregular” products. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward. Some rewards may have eligibility requirements and the Company reserves the right to verify your eligibility qualifications prior to fulfilling any reward.
Delivery. Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered for your Account or to the email or U.S. postal address that our records show your Account was last updated to reflect. Processing times may vary. Rewards that are undeliverable for whatever reason (including, without limitation, because your Account information is incorrect or outdated) will not be re-sent and are forfeited, and the points will not be refunded.
You acknowledge that the IThanks.com Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the IThanks.com Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the IThanks.com Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the IThanks.com Sites and related to the IThanks.com Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Reporting Copyright Infringement - DMCA Policy
If you believe that any content, user-posted materials, or any other material found on or through the IThanks.com Sites, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
1) Written notices must be sent either:
• electronically sent to firstname.lastname@example.org with subject line "DMCA Takedown Request". Emails sent to email@example.com for purposes other than communication about copyright infringement may not be answered; or
• via courier (with a confirmed receipt requested) to: IThanks, Inc, P.O. Box 438S 1555 Vine St, CA 90028; Attention: Copyright Agent
2) Each written notification must contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the IThanks.com Sites that is reasonably sufficient to enable us to identify and locate the material (for example, a list of URLs);
• your physical mailing address, telephone number and email address;
• a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
You agree that you will not engage in any activity that interferes with or disrupts the IThanks.com Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
• (A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
• (B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
• (C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
• (D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
• (E) the provision of the Services to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Services shall not be fraudulent (determined in our reasonable discretion) and must be lawful at all times. You shall also comply with all usage rules found throughout the IThanks.com Sites and/or the Services, including, without limitation. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
• create and/or use multiple Accounts
• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
• post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on IThanks.com or on any other public site on the web
• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable
• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or the access to or functionality of the IThanks.com Sites
• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
• attempt to obtain passwords or other private information from other members
• improperly use support channels or complaint buttons to make false reports to the Company
• develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements
• exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
Accounts that have not been logged into for six months or more are deemed inactive and IThanks Bronze, IThanks Silver, IThanks Gold earned in these accounts are null and void. IThanks Gold are nontransferable and are void if a transfer is attempted. IThanks Gold and/or rewards may not be bartered or sold. IThanks Gold and/or IThanks.com accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
If you violate the Terms, the Company reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your account(s), but it may do so at any time. Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of the Company, including but not limited to IThanks Gold, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law. The Company reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that IThanks.com may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
The Services may include communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances by liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Disclaimer of Warranties; Limitation of Liability; Indemnification
You agree that your use of the Services shall be at your sole risk. Subject to you rights under any Consumer Law referred to below and to the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the IThanks.com Sites and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Subject to you rights under any Consumer Law referred to below and to the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.
The Company will not be liable for the termination of the IThanks.com program on any account whatsoever including (without limitation) any awards, points, prizes or credits in a member's favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.
You agree that we are not responsible for the loss of IThanks Bronze, IThanks Silver, IThanks Gold virtual currency or any points, prizes, awards or credits, regardless of monetary value, in the event there is any: change in the value of each IThanks (as determined in Company's sole discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack or other events which make it commercially unreasonable for us to determine the value of any account or accounts.
All guarantees, conditions and warranties whether expressed or applied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the IThanks.com program, other than those implied or imposed by statute, are excluded to the extent permitted by law. All guarantees and warranties implied or imposed by statute are excluded to the extent expressly permitted by statute.
Any liability the Company may have to a member under any such guarantees or warranties implied or imposed by statute which cannot be excluded is limited, where the Company is expressly permitted by statute to limit your remedy for a breach of that guarantee or warranty, to supplying or paying the cost of supplying, the goods (or equivalent goods) or services again or repairing or paying the cost of repairing, the goods, at the Company's sole option.
• (A) becomes void or unenforceable for any reason; or
• (B) would be unfair under the applicable consumer law if applied or relied upon in a particular way,
The IThanks.com Sites are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on the IThanks.com Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the IThanks.com Sites are illegal is prohibited. You may not use the IThanks.com Sites or export the content or products in violation of U.S. export laws and regulations. If you access IThanks.com Sites from a location outside of the United States, you are responsible for compliance with all local laws.
The Company's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The parties hereto confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto have been and shall be drawn up in the English language only.