Terms and Conditions
Last Updated: March 5, 2017
PLEASE READ THESE USER TERMS CAREFULLY BEFORE USING OUR WEBSITE AND/OR SERVICE.
The THENTWK Terms and Conditions (“User Terms”) constitute a legally binding agreement between THENTWK, Inc., a Delaware corporation (“THENTWK,” the “Company,” “we,” “us,” or “our”), the owner and operator of the www. THENTWK.com website and its related software application and platform (hereafter, collectively referred to as the “THENTWK Service”) and you (“you” or “user”), the user of the THENTWK Service.
THE USER TERMS ARE INTENDED FOR ALL USERS OF THE THENTWK SERVICE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE OR THOSE WHO REGISTER AN ACCOUNT. HOWEVER, DIFFERENT SECTIONS OF THE USER TERMS AFFECT USERS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS AND CONDITIONS CAREFULLY.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
THENTWK Service Overview
THENTWK provides a venue where users of the THENTWK Service, who may include Experts and Companies (each as defined below) and other registered users of the THENTWK Service, may, among other things, create profiles, announce jobs and events, connect Experts and Agencies, post services, and provide an opportunity for users to meet and share information. Users can access the THENTWK Service through the use of the THENTWK.com website by you on your single mobile device (e.g. smart phone) or computer. THENTWK solely acts as an intermediary and does not promise or make any other covenants guaranteeing that any connection will be made between Experts and Companies.
Registration for THENTWK Service
Registration with THENTWK Service is subject to the following additional terms and conditions:
Eligibility: You are eligible to use THENTWK Service if you are the age of 18 or older. By registering with the THENTWK Service, you represent and warrant that you are at least 18 years old and that all registration information you submit, including, without limitation, your first and last name, mobile telephone number, e-mail address, and credit card or financial account payment information, is completely accurate and truthful. THENTWK may, in our sole discretion, refuse to offer access to or use of THENTWK Service to you and change the eligibility criteria at any time. The foregoing is void where prohibited by law and the right to access THENTWK Service is revoked in such jurisdictions. If you reside in a jurisdiction that restricts the use of THENTWK Service because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use THENTWK Service. By registering, you represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for THENTWK Service.
Security of Registration Information: You are solely responsible for maintaining the security and correctness of your registration information. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify THENTWK of any unauthorized use of your password or any breach of security. You also agree that THENTWK shall not be liable for any loss or damage arising from your failure to keep your password secure.
THENTWK Service and Paid Services: THENTWK Service contains Content, as defined below, that is accessible by Users. THENTWK Service may also offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other. The creation of a user account may be required for the use of certain portions of THENTWK Service. In addition, certain contents and services of THENTWK Service may only be accessed through purchase or paid subscription. We refer to the paid services available on or through THENTWK Service, including the digital and print publication subscription services, collectively as the “Paid Services”. Content that is available to Users only through purchase or paid subscription is referred to collectively as the “Paid Services Content”. Content may include facts, views, opinions and recommendations of individuals and organizations not affiliated with THENTWK. THENTWK does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in these User Terms as well as all other operating rules, policies and procedures that may be published from time to time on this web page by THENTWK, each of which is incorporated herein by reference and each of which may be updated by THENTWK from time to time without notice to you.
How to use THENTWK Service
THENTWK Service offers Users a platform to, among other things, announce auditions and events, connect Experts with Companies, Brands and Agencies, post jobs and services, and provide an opportunity for users to meet and share information.
A User can either create a profile providing talent expertise (“Expert”), or a company/agent/agency searching for talent (“Company”). When an event, job or request for services is created, a Company may contact Experts via email or social networks to attend the event. The Expert can also allow Companies to leave comments for the Expert or other Companies. Once an event has been created, the Company will send email invitations or messages via social networks to join the event with a link to the event dashboard (“dashboard”) where Companies and Expertss can commit to join the event and leave messages for the Expert or Company.
Your Use of THENTWK Service
By using THENTWK Service, you agree to the following restrictions on your use of THENTWK Service:
- You warrant that the information you provide to THENTWK is accurate and complete. THENTWK is entitled at all times to verify the information that you have provided and to refuse THENTWK Service to you without providing reasons.
- You may only access THENTWK Service using authorized means. THENTWK is not liable if you do not have a compatible mobile device or computer. THENTWK reserves the right to terminate THENTWK Service should you attempt to access THENTWK Service with an incompatible or unauthorized device or computer.
- You will only use the Service for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use THENTWK Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use THENTWK Service to cause nuisance, annoyance or inconvenience;
- You will not try to harm THENTWK Service or impair the proper operation of the related network, platform or application in any way whatsoever;
- You will not copy, or distribute THENTWK Service or any portion or feature thereof without advance written permission from THENTWK;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or 3G/4G data account (AP) which you are authorized to use;
- You warrant that you have the right, or have obtained the necessary third-party consents, to submit any Content that you provide.
- You warrant that any Content that you provide does not infringe on the intellectual property rights of any person or entity, including, without limitation, copyrights, trademarks, rights of privacy or publicity, or moral rights.
- You will not use the Service with an incompatible or unauthorized device or computer; and
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
Looliez.com is not responsible for technical issues or functionality due to down time, glitches, internal search engine errors, and/or any sort of performance issues related to creating or searching for a profile, uploading photos and information, etc.
- THENTWK reserves the right to refuse service to any applicants or existent users.
- THENTWK reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- THENTWK maintains the right to stop the membership of any free user and to delete the user’s profile without a notice.
- You will not use the Service with an incompatible or unauthorized device or computer; and
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Service.
- THENTWK connects talent with those looking to hire. We don’t however guarantee job offers leading to any role or income by using THENTWK .com
- It is the sole responsibility of THENTWK.com users to end their subscription after the trial period. Barring that THENTWK maintains the right to charge in full for the following membership period.
- Annual subscriptions are not revocable during the membership period. Monthly memberships can be cancelled at any time.
- THENTWK maintains the right to use member’s shared images on its social media and for THENTWK.com promotional purposes.
- Memebers with no Profile photo, gallery photos, information and Instagram link are NOT aloud to connect other members or brands until they completed their profile.
- We reserve the right to restrict functionality, suspend or terminate the Services (or any part thereof), Your Account or Your and/or Agents’ or End-Users’ rights to access and use the Services, and remove, disable and quarantine any Service Data if We believe that You, Agents or End-Users have violated this Agreement.
- THENTWK reserves the right to immediately terminate the THENTWK Service should you not comply with any of the foregoing.
- THENTWK reserves the right to edit the content of members.
- THENTWK reserves the right to change the password of a member when helping members to edit their profiles including adding photos to their gallery. If a new password created, THENTWK will provide the password to the user.
- IMPORTANT – a profile without a photo/ gallery photos / Instagram link / additional info, is considered to be a “spam user” and will be deleted after an hour. THENTWK reserves the right to keep a user profile up even with no information/photos etc.
- THENTWK reserves the right to take photos from Members’ Instagram/Facebook account if the members did not added a profile photo to their profile.
- THENTWK randomly features members daily on Instagram and Facebook but does not guarantee features. THENTWK reserves the right to choose a photo from members Instagram and Facebook accounts and share them on our social media, newsletters, email blast etc’ for feature, promotions and giveaways purposes. If a request is made to delete the featured photos, THENTWK will do so within 72 hours upon receiving the request from the member. THENTWK reserves the right to add a signature/logo/change the colors and shape of those photos.
- Each member will have a CLEAR profile photo of the USER that the account registered to. Each profile MUST add at list 3 more gallery photos.
THENTWK reserves the right to immediately terminate THENTWK Service should you not comply with any of the foregoing.
By clicking on thentwk.com, you affirmatively mark your acceptance of the membership and also accept and confirm that you wish THENTWK to authorize and capture the total amount entered on the payment information page to the credit card provided by you. You are responsible for all use and any purchases made with your account, whether or not you have authorized this use.
Pending authorizations may remain on your credit card for a period of time even after the monetary contribution is voided or cancelled, or even if you modify or cancel your transaction, as determined by your individual credit card provider.
No Agent or Broker Relationship
THENTWK Services are only administrative. While THENTWK facilitates the transaction between Users, Brands, Agencies and Companies, THENTWK is not directly involved in or otherwise a party to any transactions that may take place between Experts and Companies. THENTWK is not broker, agent, financial institution, creditor, insurer for any User. THENTWK has no control over the conduct of, or any information provided by the Expert or Company, and THENTWK hereby disclaims all liability in this regard.
THENTWK does not and cannot verify the information that Experts or Companies provide. While THENTWK assumes no obligation to verify the information Experts or Companies provide, we take possible fraudulent activity or misuse of contributed monetary funds seriously.
By using THENTWK Service, you agree that you shall defend, indemnify and hold THENTWK, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of THENTWK Service.
BY USING THENTWK SERVICE OR ANY PORTION THEREOF, YOU AGREE THAT THENTWK AND ITS AFFILIATES, ITS LICENSORS, AND EACH OF THEIR OFFICERS, DIRECTORS, INVESTORS, SHAREHOLDERS, OTHER USERS, EMPLOYEES, ATTORNEYS AND AGENTS SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) ANY CHANGES WHICH WE MAY MAKE TO THENTWK SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THENTWK SERVICE (OR ANY SERVICES OFFERED THROUGH OR FEATURES OF THENTWK SERVICE), (b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THENTWK SERVICE, (c) YOUR FAILURE TO PROVIDE THENTWK WITH ACCURATE ACCOUNT INFORMATION, (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (e) YOUR USE OR MISUSE OF THENTWK SERVICE, (f) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (g) HYPERLINKS TO WEBSITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN THENTWK. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Any information, recommendations and/or services provided to you on or through THENTWK Service is for general informational purposes only and does not constitute advice. THENTWK does not guarantee continuous, uninterrupted access to THENTWK Service. Although THENTWK attempts to maintain the integrity and accuracy of the information accessible through THENTWK Service, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the THENTWK Service may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the THENTWK Service by other users or third parties without THENTWK’s knowledge. THENTWK cannot and does not guarantee that (the contents of) the THENTWK Services (including the THENTWK website) are free of errors, defects, malware and viruses.
Although each user must agree to these User Terms, THENTWK cannot guarantee that each user is at least the required minimum age, nor does THENTWK accept responsibility or liability for any content, communication or other use or access of the THENTWK Service by persons under the age of 14 in violation of the User Terms. It is also possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the THENTWK Service and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the THENTWK Service. These individuals may use your information for purposes other than what you intended. THENTWK is not responsible for the use of any personal information that you disclose on the THENTWK Service. Please carefully select the type of information that you post on the THENTWK Service or release to others.
THENTWK DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE THENTWK SERVICE OR OTHERWISE.
THENTWK AND ITS AFFILIATES PROVIDE THE THENTWK SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE THENTWK SERVICE IS AT YOUR SOLE RISK AND THAT THENTWK AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) YOUR USE OF THE THENTWK SERVICE WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF THE THENTWK SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE THENTWK SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. THENTWK AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THENTWK OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Third Party Interactions
Termination of the Agreement
The agreement between THENTWK and you embodied by these User Terms may be terminated at any time.
If you wish to close your account, please send an email to email@example.com with “Account Termination Request” in the subject line. The request must be received from the same email that we have registered for your account and should specify the account email and the full name of the account holder.
THENTWK is entitled to terminate the Agreement at any time and with immediate effect (by disabling your use of the THENTWK Service). THENTWK is not obliged to give notice of the termination of the Agreement in advance. After termination, THENTWK will give notice thereof if required by these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the THENTWK Service and User Terms
THENTWK reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the THENTWK Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the website or by sending you notice through the THENTWK Service or via email. THENTWK may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
THENTWK may give notice by means of a general notice on the THENTWK Service or by electronic mail to your email address on record in THENTWK’s account information, or by written communication sent by regular mail to your address on record in THENTWK’s account information.
You agree that THENTWK may send you email notifications from time to time as may pertain to your account. If we send you an email notification, that email will be considered to have been received by you within 24 hours from the time we email it to you.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“THENTWK Content” means Content owned or used by THENTWK, its affiliates or licensors and made available through the THENTWK Service (including the THENTWK website), including any Content licensed from a third party, but excluding User Content.
“User Content” means Content that a THENTWK User posts, uploads, publishes, submits or transmits to or through the Website or through the THENTWK Service.
“Collective Content” means, collectively, THENTWK Content and User Content.
Subject to your compliance with these User Terms, THENTWK grants you a limited, non-exclusive, non-transferable license:
- (i) to view, download and print any THENTWK Content solely for your personal and non-commercial purposes; and
- (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the THENTWK Service or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of THENTWK. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by THENTWK or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the THENTWK Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, THENTWK shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that THENTWK only acts as a platform for the display and distribution of any User Content and is not responsible or liable to you or to any third party for the content or accuracy of User Content. THENTWK does not continuously monitor User Content published by you or moderate between users and THENTWK is under no obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of THENTWK.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to defend, indemnify and hold harmless THENTWK, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by THENTWK or its affiliated companies related to any User Content posted or transmitted by you or your other use of the THENTWK Service.
THENTWK reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which THENTWK believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to THENTWK.
You agree to promptly notify THENTWK in writing of any User Content which breaches these User Terms. You agree to provide to THENTWK sufficient information to enable THENTWK to investigate whether such User Content breaches these User Terms. THENTWK agrees to make good faith efforts to investigate such complaint and shall take such action as THENTWK in its sole discretion decides. However, THENTWK does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the Website and service. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Service at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
THENTWK respects copyright law and expects its users to do the same. It is THENTWK’s policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. All users of the THENTWK Service represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material via the THENTWK Service (including its website) constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that THENTWK is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- detailed identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you 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 copyright owner.
- Copyright Infringement Notifications should be addressed to: firstname.lastname@example.org.
Intellectual Property Rights
THENTWK (and its licensors, where applicable) owns all right, title and interest, including all related intellectual property rights, in and to the THENTWK Service (including the THENTWK website) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the THENTWK Service, excluding User Content.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the THENTWK Service are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to THENTWK to enforce any of your rights in relation thereto. Except as expressly set forth in these User Terms or otherwise expressly granted to you in writing by THENTWK, no rights (either by implication, estoppel or otherwise) in or to the THENTWK Service or their contents are granted to you.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the THENTWK Service or any intellectual property rights owned by THENTWK. THENTWK’s name, logo, and the product names associated with the THENTWK Service are trademarks of L, its affiliated companies or third parties, and no right or license is granted to use them.
Assignment of Rights
You may not transfer, assign, sub-license, or pledge in any manner whatsoever any of your rights or obligations under these Terms. THENTWK may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Resolution of Disputes – Mandatory Arbitration and Class Action Waiver
We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with THENTWK, any services offered via the Website, or use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at email@example.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.
Step 1. Notice of Dispute
You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by email to firstname.lastname@example.org.
A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, any goods offered or purchased from us, any transaction or relationship between us resulting from your use of the Website or purchase of any goods from us, communications between us, the purchase/order/use of goods from the Website, or this Agreement – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.
To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here https://www.adr.org/aaa/ShowPDF?doc=ADRSTAGE2026862. You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here file:///C:/Users/Admin1901/Downloads/Consumer_Demand_for_Arbitration_Form.pdf. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
Class Action Waiver
Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.
Small Claims Option
You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here http://www.lacourt.org/division/smallclaims/smallclaims.aspx] However, if you initiate a Small Claims case, you are responsible for all your court costs.
Choice of Law and Forum Selection
You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules.
Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Los Angeles County in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Notice for Users in California
This notice is for users of the Website residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.
You may not assign these Terms & Conditions without the prior written approval of THENTWK. Any purported assignment in violation of this section shall be void. THENTWK reserves the right to use third party providers in the provision of the Website and Service. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by THENTWK
We appreciate your business and thank you for using THENTWK. If you have any questions about this Agreement or our site in general, please contact us at email@example.com.