Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
The Thingalyzer service and network (collectively, "Thingalyzer") is operated by the Trustees of the Museum of Applied Arts & Sciences trading as Powerhouse Museum (collectively, "us" "we" or "our").
These terms and conditions of use ("Terms of Use") apply exclusively to your access to, and use of, Thingalyzer, located at Thingalyzer.com, and any subdomains thereof (the "Website"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates, for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of Thingalyzer, at any time and at our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on Thingalyzer. Your continued use of Thingalyzer following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies to understand the terms and conditions that apply to your use of Thingalyzer. If you do not agree to the amended terms, you must stop using Thingalyzer.
If you have any questions regarding the use of Thingalyzer, please refer first to the Help pages. Otherwise, please contact us.
DESCRIPTION OF SERVICE
Thingalyzer is a service enabling users to upload and analyse images and text. Thingalyzer is provided "as is". We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
MODIFICATIONS TO Thingalyzer
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Thingalyzer (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of Thingalyzer.
WARNING FOR INTERNATIONAL USE
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Australia or the country in which you reside.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, upload to, create, post, store or otherwise publish or make available through Thingalyzer, your use of Thingalyzer, your connection to Thingalyzer, your violation of these Terms of Use, or your violation of any rights of another.
TERMINATION
You agree that we may, under certain circumstances and without prior notice, immediately terminate your Thingalyzer account and access to Thingalyzer. Cause for such termination shall include, but not be limited to,
(a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to Thingalyzer (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity and/or
(g) engagement by you in fraudulent or illegal activities.
Termination of your Thingalyzer account includes,
(a) deletion of your password and all related information,
(b) files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of Thingalyzer.
Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to Thingalyzer.
LINKS
Thingalyzer may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
CONTRIBUTIONS TO Thingalyzer
By submitting, uploading to, creating, posting, storing or otherwise publishing or making available, content, messages, materials, data, information, text, music, sound, images, photos, graphics, code, ideas, suggestions, documents, proposals or other items ("Contributions") to Thingalyzer through its suggestion or feedback web pages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) Thingalyzer may have something similar to the Contributions already under consideration or in development; and
(e) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
With regard to Contributions you Upload or Share for inclusion in any publicly accessible areas of the Service, you hereby grant Thingalyzer the worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, translate, display, create derivative works from, and publish such Content on or in connection with the Service. You acknowledge that Thingalyzer in its sole discretion may choose not to display any Content you Upload in publicly accessible areas.
Thingalyzer PRIVACY POLICY
Your privacy as a user of Thingalyzer is very important to us. Please refer to the Thingalyzer Privacy Policy. This policy explains how we treat your personal information, and protect your privacy, when you use Thingalyzer.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Thingalyzer registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these guidelines.
USER CONTENT AND INTERACTIVE AREAS
Thingalyzer may include discussion forums, wikis or other interactive areas or services, including without limitation the authors unbound section of Thingalyzer ("Interactive Areas"), in which you or other users submit, upload to, create, post, store or otherwise publish or make available Contributions. You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through Thingalyzer any of the following: content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or breaches intellectual property rights.
DISCLAIMER
The content of Thingalyzer is not intended as a substitute for professional advice. No claim is made as to the accuracy or authenticity of the content of Thingalyzer.
We take no responsibility and assume no liability for any Contributions submitted, uploaded, created, posted, stored or otherwise published or made available by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Contributions is at your own risk. As a provider of interactive services, we are not liable for any statements, representations or Contributions provided by its users in any public forum, personal home page or other Interactive Area. Although we have no obligation to screen, edit or monitor any of the Contributions posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit any Contributions submitted, uploaded, created, posted, stored or otherwise published or made available on Thingalyzer at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Contributions you submit, upload, create, post, store or otherwise publish or make available on Thingalyzer at your sole cost and expense. Any use of the Interactive Areas or other portions of Thingalyzer in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or Thingalyzer. If required by law, or to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Contributions.
LIMITATION OF LIABILITY
In no event will we or our directors, employees, officers or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of Thingalyzer, any platform applications or any of the Thingalyzer content or other materials on, accessed through or downloaded from Thingalyzer, even if we are aware or have been advised of the possibility of such damages, notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the use of Thingalyzer during the term of membership. You agree that if no fees have been paid by you for the use of Thingalyzer, you shall be limited to injunctive relief only, unless otherwise permitted by law, and you shall not be entitled to damages of any kind from us, regardless of the cause of action.
FAMILY FILTERING
Some of the material on Thingalyzer may include mature or adult content intended for people who are at least 18 years old. By default, material that has been explicitly flagged as such is hidden from view; users must opt in to view such material; users under the age of 18 must not seek to access this material. Thingalyzer relies on users to flag mature or adult content where appropriate. While we make diligent efforts to restrict access to adult content with this system, we may not be able to exclude all of it. In addition, people may disagree over what content should be excluded from filtering. That's why you may see some content you think is adult content even if you have not opted to do so. If that happens, please inform us using the the Report Abuse link on the page in question.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, Thingalyzer and all content and other materials provided by Thingalyzer, including, without limitation, the Thingalyzer logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are our proprietary property and are protected by Australian and international copyright laws.
You are granted a limited, non-sublicensable license to access and use Thingalyzer and electronically copy (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and, except as otherwise provided herein, does not include:
(a) any resale or commercial use of Thingalyzer or the Site Materials therein;
(b) the collection and use of any product listings, pictures or descriptions;
(c) the distribution, public performance or public display of any Site Materials,
(d) modifying or otherwise making any derivative uses of Thingalyzer and the Site Materials, or any portion thereof;
(e) use of any data mining, robots or similar data gathering or extraction methods;
(f) downloading (other than the page caching) of any portion of Thingalyzer, the Site Materials or any information contained therein, except as expressly permitted on Thingalyzer; or
(g) any use of Thingalyzer or the Site Materials other than for its intended purpose. Any use of Thingalyzer or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
We at our sole discretion may limit access to Thingalyzer and/or terminate the account of any user who infringes any intellectual property rights of others.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
To provide us with notice of claims of copyright infringement on Thingalyzer please contact us.
GENERAL INFORMATION
Entire Agreement.
The Terms of Use constitute the entire agreement between you and us and govern your use of Thingalyzer, superseding any prior agreements between you and us with respect to Thingalyzer. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other of our services, affiliate services, third-party content or third-party software.
Governing Law.
The Terms of Use and the relationship between you and us shall be governed by the laws of New South Wales, Australia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts of New South Wales, Australia.
Waiver and Severability of Terms.
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your Thingalyzer account is non-transferable and any rights to your Thingalyzer ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
VIOLATIONS
Please contact us to report any violations of these Terms of Use.
