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Terms of Use

Welcome to Thumb:APIS, a cloud-based image manipulation solution (the “Service”, as more fully described below).

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND THUMB:APIS. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

From time to time, Thumb:APIS may change the Terms to meet technical, operational and legal changes. Thumb:APIS will post a notice about changes made to the Terms on Thumb:APIS's website, Thumb:APIS may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.

About the Service

The Service is an online image management platform. The Service offers a feature-rich solution for websites' and applications' use of images.

From time to time, Thumb:APIS may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.

Grant of Right

Subject to these Terms and to the payment of fees, if applicable, Thumb:APIS grants you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.

User Account

When you register, Thumb:APIS will ask you to provide certain contact and personal details. Thumb:APIS will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair Thumb:APIS's ability to provide you with the Service.

To login, you must provide your email and password. Thumb:APIS may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to Thumb:APIS of any potential or actual misuse, unauthorized use, of your account.

You may terminate your account by contacting Thumb:APIS via email at: help@thumbapis.com. Thumb:APIS may require you to verify your identity by sending Thumb:APIS additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service.

Notwithstanding any remedies that may be available to Thumb:APIS under any applicable law, Thumb:APIS may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if Thumb:APIS determines in its sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;

Acceptable Use of the Service

When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines Thumb:APIS may convey to you from time to time.

You may not access or use the Service for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission ("Authorized Users").

Privacy

You represent that your disclosure of privacy practices to Authorized Users will cover the Service's use of personal information pursuant to the Service's privacy policy, located at https://ThumbAPIS.com/privacy/.

Contributed Content

You may allow your Authorized Users to upload, store, administrate, edit, deliver, make available and distribute content ("Contributed Content"), subject to any content upload technical and safety guidelines and limitations which will be conveyed to You through Your account dashboard, and amended from time to time.

Any use of your account is subject to your sole responsibility. You represent and warrant that you will prohibit your Authorized Users to access and use the Service to contribute any illegal or abusive content, or use the Service for any abusive or illegal activity. You will take all measures to prevent any use of such content by your Authorized Users through the Service. Thumb:APIS may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.

Content Removal

Thumb:APIS may report any Contributed Content and share user identifiable information, if Thumb:APIS believes, in its sole discretion that such content is illegal or abusive or may violate any third party rights.

Thumb:APIS respects the rights of its users and any other person. If you believe that your rights are abused on the Service, please contact Thumb:APIS at: help@thumbapis.com. Thumb:APIS may ask you to provide additional information to process your complaint. Thumb:APIS will make reasonable efforts to review your complaint and respond promptly. Thumb:APIS will not respond to anonymous complaints.

Thumb:APIS may remove any Contributed Content if Thumb:APIS believes, in its sole discretion, or receives a notice from a third party, that such content may violate any third party rights. Prior to removing the said content, Thumb:APIS will block access to it and provide you a 48 hours prior notice before removing the said content without maintaining any backup copy.

Fees and Payments

Please see our pricing page and Services descriptions for information regarding the current Paid Services. The pricing set forth on our Site or otherwise communicated to you in writing by us shall apply to your use of the applicable Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Use. Unless otherwise indicated by us on the Services, or in a writing executed by an authorized signatory for Thumb:APIS, you agree to pay us in advance for the Services in the currency invoiced by us, without the right of set-off, deductions, or counterclaim. We will not be obliged to perform any Services under these Terms of Use if you have not provided payments when due.

Service Level Agreement (SLA)

Thumb:APIS will use commercially reasonable efforts to make the Thumb:APIS API available 99.95% of the time. In the event Thumb:APIS does not meet the goal of 99.95% API availability in a given calendar month (“Monthly Uptime Percentage”), you will be eligible to receive a Service Credit. Service Credit shall be issued to Customer’s Thumb:APIS balance for future use only. No refunds or cash value will be provided. Service Credits may not be transferred or applied to any other account.

This SLA is your sole and exclusive remedy for any failure by Thumb:APIS to provide the Service.

Intellectual Property

Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to Thumb:APIS. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without Thumb:APIS's prior, express written authorization.

Thumb:APIS do not claim ownership over Contributed Content. However, you grant Thumb:APIS permission to use your Contributed Content, for the purposes of providing, developing and supporting the Service. You grant Thumb:APIS permission to use your Company name and logo in Thumb:APIS website and any Thumb:APIS issued publications. If you wish to decline Thumb:APIS's use of your name and logo, please contact Thumb:APIS at: help@thumbapis.com. You acknowledge that Thumb:APIS may adjust and modify Contributed Content, per your requests.

Confidentiality

Confidential Information” means any information furnished or made available by you or your Authorized Users, that is identified as “confidential” or “proprietary,” either by legend on written or electronically stored material, or which ought reasonably to be recognized as confidential or proprietary by virtue of its nature or the circumstances of its disclosure.

Thumb:APIS will maintain strict confidentiality of your Confidential Information and will not use, disclose or have your Confidential Information disclosed, directly or indirectly to any third party, except as specifically required to provide you the Service, or subject to your prior permission. Thumb:APIS will take precautions to maintain the confidentiality of your Confidential Information with the same degree of care as to Thumb:APIS's own Confidential Information, but in no case less than reasonable care. Upon termination of this agreement, Thumb:APIS will use commercially reasonable efforts to delete all copies of your Confidential Information that is stored on Thumb:APIS's system, except for retaining data for legitimate business purposes or as required under the applicable law, including under tax related requirements, account settling, record keeping, archiving and legal issues.

The foregoing will not be considered as your confidential information: (a) information already known to Thumb:APIS without an obligation of confidentiality, (b) information that is or becomes publicly known other than through a breach by us, or (c) information that is independently developed by Thumb:APIS.

If Thumb:APIS is compelled by law to disclose your confidential information, Thumb:APIS will provide you a prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at your cost, if you wish to contest the disclosure.

Disclaimer of Warranty

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUMB:APIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY THUMB:APIS'S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY THUMB:APIS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THUMB:APIS WHATSOEVER.

Limitation of Liability

THUMB:APIS, AND THUMB:APIS'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON THUMB:APIS'S BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON.

THUMB:APIS, AND THUMB:APIS'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON THUMB:APIS'S BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY THUMB:APIS'S STAFF OR ANYONE ACTING ON THUMB:APIS'S BEHALF, OR FROM YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THUMB:APIS OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE, OR FROM ANY REPORTING OF CONTRIBUTED CONTENT TO THE LAW ENFORCEMENT AUTHORITIES OR ANY OTHER AUTHORITY – WHETHER OR NOT THUMB:APIS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.

Without derogating anything from the above, Thumb:APIS's total liability under this agreement in contract, tort, negligence, pre-contract or other representations or otherwise arising out of, or in connection with this agreement or the performance or observance of its obligations under this agreement, and every applicable part of them will be limited to an amount equal to the total amount actually received by Thumb:APIS during the three (3) months before such loss or damage first occurred.

Indemnification

You will indemnify, defend and hold harmless us, Thumb:APIS, Thumb:APIS's employees, directors, shareholders, advisors or anyone acting on Thumb:APIS's behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees Thumb:APIS incur in connection with breach of these Terms or an unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.

Governing Law and Jurisdiction

The Terms and your use of the Services shall be governed by laws of the State of New York, without regard to its conflict of laws principles. Any action shall be brought exclusively in the courts located in the county of New York, New York and you hereby consent to such jurisdiction and venue.

General

These Terms along with the Privacy Policy specified at https://ThumbAPIS.com/privacy/ constitute the entire agreement between you and Thumb:APIS with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service.

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.

Contact Us

You may contact Thumb:APIS with any question about the Service, at: help@thumbapis.com Thumb:APIS will make efforts to address your inquiry promptly.

Last updated: September 1, 2015