1. Acceptance of Terms
2. Registration and Fees
3. Cancellations, Refunds, Downgrades and Upgrades of Plan
Our Services are billed in advance on a monthly or yearly basis, depending upon which payment plan is chosen by Customer. ThunderAct Inc. will not provide refunds or credits in the case of cancellations or when there are unused portions of the Services on an open account. Downgrade in plan only apply as a new billing cycle starts and you shall receive no refund for the time between your downgrade request to the the next billing date. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ThunderAct Inc. does not accept any liability for such loss. For any upgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades while on a yearly plan, ThunderAct Inc. will immediately charge the difference in plan cost, prorated for the remaining time in your yearly billing cycle. When changing from a monthly billing cycle to a yearly billing cycle, ThunderAct Inc. will bill for a full year at the next monthly billing date.
We developed a unique and proprietary method to collect certain non identifiable information through our own resources and through third parties resources. Such information is aggregated, analyzed and shown to you as part of our Services. Although we believe that our broad based and worldwide spread resources provides with a fairly adequate information and trends, our Services provide statistical information and accordingly may not be up to date or fully accurate thus the reliance on the results and information set forth in our Services is made at your own risk and expense. Furthermore, the information gathered by us and used for purposes of analyzing websites or internet pages is not verified by us for quality, reliability or otherwise and accordingly, the information presented through our Services does not in any way creates any representation or warranty on our behalf with respect to such third party's websites or internet pages. By using the Services, you will not:
- Violate any laws, third party rights or our policies, such as the prohibited and restricted items policies;
- Use our sites, services, or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm, manipulate, extract unauthorized information from the Services, or the interests or property of users of the Services;
- Copy, modify, or distribute rights or content from the Services or our copyrights and trademarks; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
- Use any crawlers, bots, algorithms or other automatic applications or codes in order to retrieve and collect information through our Services.
The Services are not available to temporarily or indefinitely suspended users. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
5. Applications license
To the extent that you wish (or required) to download and install the Applications, you acknowledge and agree that we grant you a non-exclusive, revocable license to install and use the Applications solely for your personal use. We may modify the Applications from time to time, and you hereby agree that we may automatically install such modifications without first asking for your approval. We are not obligated to support the Applications, and may at any time suspend or terminate your license and disable the Applications downloaded and/or installed by you. You may not make unauthorized modifications, reverse engineer, disassemble, decompile, or attempt to derive source code of the Applications.
All content included on this Website and Applications, such as, but not limited to, images, text, graphics, logos, and button icons, is the sole and exclusive property of ThunderAct Inc. and is protected by copyright laws. The arrangement and compilation of all content on this Website and Applications are the exclusive property of ThunderAct Inc. and are protected by copyright laws. All Applications used on this Website are the property of ThunderAct Inc. or its Applications suppliers and is protected by copyright laws.
Certain marks used on our Services are our registered trademarks or service marks, owned by our suppliers or partners worldwide. Certain graphics, logos, page headers, button icons, scripts, and service names are our trademarks or service marks or owned by our suppliers, partners or affiliates. Our trademarks and service marks may not be used for any commercial or other purposes by any party without our prior written express consent. All other trademarks and service marks not owned by us that appear on this Website and Applications are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
9. Permitted use
We grant you a limited, revocable, nonexclusive license to access and make personal use of the Services. The Services, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written express consent. You will not:
- Use the Services for any purposes other than the purpose expressly allowed by us herein;
- Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any materials contained in the Services;
- Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
- Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or the Applications or any part thereof;
- Modify, adapt, translate or create derivative works based upon the Services; the content of the Services or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
- Intentionally interfere with or damage operation of the Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Use the Services in order to provide similar services to any third party or for competing with our Service.
10. Third parties sites
The Services may provide, or users may provide, links to World Wide Web sites or resources ("Third Party Material"). Because we have no control over such Third Party Material, you acknowledge and agree that we are not responsible for the availability of such Third Party Material, and do not endorse and are not responsible or liable for any Third Party Material, advertising, products, or other materials on or available from such Third Party Material. 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 Third Party Material, goods or services available on or through any such Third Party Material. ACCESS AND USE OF THIRD PARTY MATERIALS, INCLUDING THE INFORMATION, MATERIALS AND SERVICES ON OR AVAILABLE THROUGH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.
11. Electronic communications
When you visit our Services or send e-mails to us, you are communicating with us electronically. We therefore take this as your consent to receive communications from us electronically. By doing so you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirement that such communications be in writing.
12. Site information
The information contained on the Website and Services is for information purposes only. It is believed to be reliable; however we do not warrant its completeness, timeliness or accuracy.
13. Site policies, modification, and severability
14. Disclaimer of warranties and limitation of liability
We make no representations or warranties of any kind, express or implied, as to the operation of this site and/or services or the information, content, materials, or applications included on the services, and you expressly agree that your use of these services is at your sole risk. We do not guarantee that the services will be error-free, uninterrupted, or that it will provide specific results from use of the services or any content, search or link on it. The services and the content therein are delivered on an "as-is" and "as-available" basis. We will not be liable for any damages of any kind arising from the use of the services, including without limitation, direct, indirect, incidental, punitive and consequential, special or punitive damages or for lost profits, revenues or business opportunities, even if we have been advised of the possibility of such damages. To the full extent permissible by applicable law, we disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, system integration, data accuracy, quiet enjoyment and freedom from viruses or other harmful code. We will not be liable for any delay, difficulty in use, inaccuracy of information, device viruses, malicious code or other defect in our services. No license to the user is implied in these disclaimers. Certain provincial and/or state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.