Thrill On Terms of Use

Welcome to Thrill On (the “Company,” “we” or “us”). Thrill On is a social sharing site designed for those who live life with passion. Whether you’ve just climbed Machu Picchu, surfed South Africa, or fished from one of Minnesota’s 10,000 lakes, if you hit it with enthusiasm and gusto, we want to see it – and we’re not alone. Thrill On is a place to post your own photos and video, catch pulse-pounding excitement, tag ideas from across the web or plan your next big adventure. Here, you will connect with others who share your passion and discover new ways to supersize your life. So go ahead, do what moves you. Get your Thrill On!

These Terms of Use apply to your use of our web site at http://www.thrillon.com (the "Site"), owned and operated by us.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes.

Access

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant that all data provided by you is accurate and complete. Our Privacy Policy describes the personal information we collect, use, manage, disclose, and share.

If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures for registered users of the Site, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. We reserve the right to terminate or suspend your account or ability to use or access the Site or any portion thereof for any reason whatsoever. If you desire to terminate your account, please send us a message at service@thrillon.com.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You must not: (a) modify copies of any materials from the Site; (b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; (d) reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or any services or materials available through the Site; (e) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means/attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Site.

You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material on the Site; (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.

User Contributions

The Site contains interactive features that allow you to post, submit, publish, display, or transmit to other users content or materials (collectively, “User Contributions”) on or through the Site. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the Company and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify, and hold harmless the Company and its affiliates and licensors for any breach of that representation and warranty. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy. You are solely responsible for your interactions with other users of the Site, and we reserve the right, but have no obligation, to monitor disputes between you and other users, and will have no liability for your interactions with other Site users or for any user’s action or inaction.

Following any termination or deactivation of your account, or if you remove any User Contributions from your account or the Site, we may retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes. The Company and other Site users may also retain and continue to display, reproduce, re-post, modify, re-arrange, and distribute any of your User Contributions that other Site users have re-posted on the Site or which you have posted to public or semi-public areas of the Site.

Intellectual Property Rights

The Site and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, and audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names, but NOT including User Contributions), are owned by the Company and/or its subsidiaries, licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a non-exclusive, non-transferable license to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on the Site, and are permitted to use the Site for your personal, non-commercial use only. Such license may not be transferred or assigned by you, and any attempted transfer or assignment in violation hereof shall be null and void. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except to: (a) store copies of such materials temporarily in RAM; (b) store files that are automatically cached by your Web browser for display enhancement purposes; and (c) print a reasonable number of pages of the Site for a permitted use.

Company Trademarks

The Company name, the term “Thrill On” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

Copyright Infringement

We respect the intellectual property of others, and we ask you to do the same. As noted above under “User Contributions,” your contributions must not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person. It is important that you understand that you are in the best position to know if your User Contributions are legally allowed, and that you make User Contributions at your own risk. Please be careful when deciding whether to make User Contributions available on the Site, including whether you can post or re-post User Contributions.

If you believe that any User Contributions violate your copyright, please provide us with the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your name, physical 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, his/her/its agent, or the law; and
  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 owner or authorized to act on the copyright owner’s behalf. Notices with respect to this Site should be sent to service@thrillon.com.

Links from the Site

The Site may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Warranty Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. THE COMPANY DOES NOT REPRESENT THAT THE CONTENT OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTRIBUTIONS OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction

We strongly desire all users of the Site to enjoy their experience. If you have any issues or concerns, we’d prefer to hear from you at service@thrillon.com. To the extent any dispute or claim arising out of, or related to, these Terms of Use or the Site cannot be resolved with us informally, such dispute or claim shall be governed by and construed in accordance with the internal laws of the state of Minnesota without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the state or federal courts located in the City of Minneapolis and County of Hennepin.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy, together with any amendments and any additional agreements you may enter into with the Company in connection with the Site, constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Idea Submission

We value feedback from the users of our Site. You may choose or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site. By submitting any such feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, will not place the Company under any fiduciary or other obligation, and that we are free to use, disclose and otherwise exploit your feedback without any restriction and without additional compensation to you. By acceptance of your submission, the Company does not waive any rights to use similar or related feedback previously known to the Company, developed by its employees, or obtained from sources other than you.