Terms of Services
Here we go...
You are now reading (or skimming) the Terms of Service ("Terms"), governing Those In Need and thoseinneed.in (collectively "Those In Need" or us), our website, products, services, and/or content provided by Those In Need (collectively, the "Services").
Read this carefully, and in return we'll highlight the super-important stuff to make it easier. Oh, and if you have any questions or suggestions, email us.
- 1. Accepting the Terms of Service
- 2. Use of the Services
- 3. Registration and Security
As a condition to using certain of the Services, you may be required to create an Account and select a password (and don't make it something pathetically easy like "1234".) You should provide Those In Need with accurate, complete, and updated registration information, particularly your email address or cell phone number, and failure to do so may result in suspension of your Account. Life isn't a spy movie. You agree that you will not select or use a name of another person or entity with the intent to impersonate that person or entity or to otherwise cause confusion as to the origin or source of your Account. Those In Need reserves the right to refuse registration of, cancel, or modify a profile in our sole discretion if we reasonably suspect a violation of this provision. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Those In Need immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
- 4. Privacy
- 5. Warranty Disclaimer; Services Available on an "As-Is" Basis
Your access to and use of the Services or any content is at your own risk (like bungee-jumping.) YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Those In Need DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Those In Need makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Those In Need also makes no representations or warranties of any kind with respect to content; content, in particular, is provided by and is solely the responsibility of, the user providing that content. No advice or information, whether oral or written, obtained from Those In Need or through the Services, will create any warranty not expressly made herein.
- 6. Release from Liability
You release, to the fullest extent permitted by law, Those In Need, its directors, officers, shareholders, employees, representatives, volunteers, interns, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages of every kind and nature (including without limitation actual, incidental, punitive, and consequential damages), known and unknown, arising out of, or in any way concerning the Services, including without limitation, the following: Disputes between users of the Services, including those between you and other users. Third party sites and services, including content found on such sites and services. Disputes concerning any use of or action taken using your Account by you or a third party. Claims relating to the unauthorized access to any data communications or content stored under or relating to your Account, including unauthorized use or alteration of such communications or your content. Claims relating to any involvement with a third party while in the course of using the Services, whether on the internet, in a physical location or otherwise. You understand that such third party is not a representative, employee, agent or affiliate of Those In Need, and shall not be considered as such for any purpose whatsoever.
- 7. Limitation of Liability
(This part is in all caps because we are shouting it.) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THOSE IN NEED, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THOSE IN NEED HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THOSE IN NEED AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER INR2,000.00 OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (which is zero.). Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you. *Sorry for the yelling. We just needed to get the point across.
- 8. Termination
Much like a breakup, Those In Need may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these Terms. (We promise not to do it by Post-It note. So. Not. Cool.) In particular, Those In Need may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Services, including but not limited to suspension of your Account on a Service, your right to use or access the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Those In Need or any third party.
- 9. Legal Disputes
You and Those In Need agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Services in accordance with this Section unless you and Those In Need otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution. Law and Forum for Legal Disputes. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If a counter-notice is received by the Copyright Agent, Those In Need may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Those In Need's sole discretion.
- 10. Severability
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
- 11. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other provision of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
- 12. Changes to Terms of Service
We reserve the right to change these Terms at any time and without prior notice, by posting a revised version on the Services. Such changes shall be effective immediately upon the time that such changes are posted on the Services. Your continued access or use of the Services after those changes are posted shall be deemed your acceptance of those changes. You agree to review these Terms periodically to confirm your acceptance.
- 13. Contact Us
You have questions? We have answers (and some great knock-knock jokes). Email firstname.lastname@example.org.
- 14. Effective Date
These Terms were last updated on March 09, 2016.