TABLE OF CONTENTS
- PROHIBITED ACTIVITIES
- INTELLECTUAL PROPERTY RIGHTS
- NOTICE OF COPYRIGHT INFRINGEMENT
- USERNAMES AND PASSWORDS
- COMMUNICATIONS AND SUBMISSIONS
- THIRD PARTY COMPANIES AND PRODUCTS
- CONTESTS, SWEEPSTAKES, AND OTHER PROMOTIONS
- RULES FOR CHILDREN (UNDER THE AGE OF THIRTEEN)
- AVAILABILITY OF PRODUCTS AND SERVICES
- APPLICABLE LAWS
- GENERAL PROVISIONS
You agree that your use of the Site will not violate any applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect Think Tank Photo, including engaging in or attempting to engage in the following actions:
- interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site's infrastructure;
- deleting or revising any material or other information of any other user, Think Tank Photo, or any third party;
- harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
- deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
- posting advertisements or solicitations of business other than those explicitly approved by Think Tank Photo;
- defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, including by allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, e-mail sender, or other identifying information;
- engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in Think Tank Photo's judgment, exposes Think Tank Photo or any of its users, customers, or suppliers to any liability or detriment of any type; or
- taking any other action that could endanger or cause damage to Think Tank Photo, other users of the Site, or other third parties.
INTELLECTUAL PROPERTY RIGHTS
All materials on the Site, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and the copyright laws of other nations. All Content is owned or licensed by Think Tank Photo or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other website or networked computer environment for any purpose is prohibited.
Think Tank Photo trademarks and logos (collectively, the "Trademarks") displayed on the Site, including but not limited to the registered trademarks THINK TANK®, BE READY “BEFORE THE MOMENT”®, THE CHOICE OF CREATIVE PROFESSIONALS®, AA® LOW DIVIDER SET, ACCELERATOR TM, AIRPORT 4-SIGHT TM, AIRPORT ADDICTED®, AIRPORT ACCELERATORTM, AIRPORT ACCELERATION®, AIRPORT AIRSTREAM TM, AIRPORT ANTIDOTE®, AIRPORT COMMUTER TM, AIRPORT ESSENTIALSTM, AI TM LOW DIVIDER SET, AIRPORT NAVIGATOR TM, AIRPORT ROLLER DERBY®, AIRPORT TAKEOFF TM, AIRPORT ULTRALIGHT TM, APP HOUSETM, ARTIFICIAL INTELLIGENCETM, AS TM LOW DIVIDER SET, BAZOOKA TM, BELLY DANCER TM, CABLE MANAGEMENT TM, CHANGE UP TM, CITYWALKER®, CURVED COMFORTTM, DIGITAL HOLSTERTM, GLASS LIMO TM, GLASS TAXI TM, HYDROPHOBIA®, HUBBA HUBBA HINEYTM, HUMONGOUS BAZOOKA TM, KEEP IT UP TM, LENS CHANGERTM, LENS DROP IN TM, LIGHT & FAST TM, LIGHTNING FAST TM, LITTLE STUFF IT!TM, LENS CHANGERTM, LOCK IT UPTM, LOGISTICS MANAGER®, LOW RIDER TM, MIRRORLESS MOVER®, MIRRORLESS PRO®, MODULARTM SET, COMPONENT SETTM, MODULAR SKINTM, MY 2nd BRAIN®, PERCEPTIONTM, PIXEL POCKET ROCKET TM, PIXEL RACING HARNESSTM, PIXEL SUNSCREEN TM, POWER HOUSETM, PRODUCTION MANAGER®, PRO SPEED BELTTM, RED WHIPSTM, REMOTE CONTROLTM, RETROSPECTIVE®, RETROSPECTIVE® LENS CHANGER TM, R U HOT?TM, R U THIRSTY?TM, ROTATION 360º (and design)®, SD PIXEL POCKET ROCKET TM, SHAPE SHIFTER®, SKINTM, SLIM CHANGER TM, SLING-O-MATIC®, SPEED DEMON TM, SPEED FREAKTM, SPEED RACER TM, STEROID SPEED BELT TM, STREETWALKER®, STROBE STUFF TM, STUFF IT!TM, SUBURBAN DISGUISE®, SUPER LIGHTTM, THIN SKIN BELTTM, TRIM CHANGERTM, TURNSTYLETM, URBAN DISGUISE®, are marks owned and used by Think Tank Photo. All non-Think Tank Photo marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Think Tank Photo or such third party that may own other trademarks displayed on the Site.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide Think Tank Photo's designated copyright agent with the following information:
identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that you request to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that Think Tank Photo may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Think Tank Photo's copyright agent for notice of claims of infringement on the Site is:
By U.S. Mail:
Think Tank Photo, Inc.
1105 N. Dutton Avenue
Santa Rosa, CA 95401
(001) (707) 527-0808
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Think Tank Photo will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
USERNAMES AND PASSWORDS
Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. 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 immediately notify Think Tank Photo of any unauthorized use of your password or account or any other breach of security. Think Tank Photo cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
If Think Tank Photo requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be truthful and accurate. If the information that you provide to Think Tank Photo changes, you agree to promptly provide Think Tank Photo with updated information.
COMMUNICATIONS AND SUBMISSIONS
By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Site, you understand and agree that you are giving Think Tank Photo a royalty free, irrevocable, perpetual, non-exclusive and fully sub licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that Think Tank Photo has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.
You agree that none of your Communications will include material that:
- is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
- could interfere with anyone else's use of the Site;
- encourages or incites anyone to break the law;
- violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
- contains a virus or any other harmful or potentially harmful component; or
- contains false or misleading statements of fact or descriptions of the origin of the material or the communication.
Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others.
In sending Communications to Think Tank Photo, you release Think Tank Photo of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.
Think Tank Photo has been actively engaged in research and development for several years. In order to protect the interests of Think Tank Photo in the ideas and information which have been conceived or developed internally, and to avoid possible future misunderstandings with you or others, Think Tank Photo does not wish to receive ideas, inventions, and the like or any confidential information from persons or entities outside Think Tank Photo unless Think Tank Photo has specifically requested them and a written agreement concerning the use of the ideas, inventions, and the like or any confidential information has been signed. Think Tank Photo maintains a strict policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Unsolicited Ideas") and therefore you should not submit any Unsolicited Idea to Think Tank Photo in any Communications through this Site or otherwise. Think Tank Photo does not wish to receive Unsolicited Ideas from you and has expressly advised you not to submit them. If you nonetheless intend to submit an Unsolicited Idea, Think Tank Photo strongly recommends that you first consult an attorney in order to evaluate the effect that submitting such an Unsolicited Idea would have on any rights that you might otherwise have.
Nonetheless, if you do send Think Tank Photo an Unsolicited Idea that is not already protected by a United States patent or is not public information, it immediately becomes the property of Think Tank Photo. By submitting an Unsolicited Idea to Think Tank Photo, you agree to convey your ownership interest in the Unsolicited Idea to Think Tank Photo, and that Think Tank Photo will exclusively own all rights, title and interest therein. Furthermore, Think Tank Photo will be free to use, without any compensation to you whatsoever, any concepts, ideas, know-how or techniques contained in any Unsolicited Idea for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. Think Tank Photo will not be liable for such use or disclosure of such Unsolicited Idea or for any similarities between the Unsolicited Idea and any future Think Tank Photo uses or activities.
THIRD PARTY COMPANIES AND PRODUCTS
Mention of third party products, companies and websites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. Think Tank Photo makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and Think Tank Photo is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that Think Tank Photo approves, or endorses or recommends that site. Think Tank Photo disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
CONTESTS, SWEEPSTAKES AND OTHER PROMOTIONS
RULES FOR CHILDREN (UNDER THE AGE OF THIRTEEN)
This site is not directed to children under the age of thirteen. Think Tank Photo does not knowingly collect information from children under thirteen years of age without complying with applicable law.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on this Site may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.
SITE INFORMATION REGARDING THINK TANK PHOTO PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY THINK TANK PHOTO WITH RESPECT TO ANY PRODUCT OR SERVICE AND THINK TANK PHOTO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THINK TANK PHOTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE, (3) THAT THINK TANK PHOTO WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND THINK TANK PHOTO CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. THINK TANK PHOTO THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THINK TANK PHOTO'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL THINK TANK PHOTO, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF THINK TANK PHOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THINK TANK PHOTO DISCLAIMS ALL WARRANTIES APART FROM THE “NO RHETORIC WARRANTY,” WHETHER EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW.. THINK TANK PHOTO ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL THINK TANK PHOTO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.