THINK DIRTY APP – TERMS OF SERVICE

Last Updated: August 17, 2018

HELLO AND WELCOME!

Terms of Service are rules you must agree to in order to use Think Dirty. Read on!

Hello! Welcome to Think Dirty (“we,” “us,” or “our”), and thank you for your interest in becoming a user and member of the Think Dirty community. Think Dirty helps consumers make informed choices on cosmetics and personal care products through providing product ingredient information, product ratings based on the potential health impact of certain ingredients, and product comparisons. Such services about the safety of cosmetics and personal care products may be accessed through the Thing Dirty website (“Site”), its applications (“Apps”), and content available on the Site and Apps (“Content”) (collectively, the “Services”). The following terms and conditions (collectively, these “Terms of Service”) apply to your use of Think Dirty including any content, functionality, and services offered on or via the Think Dirty Site or Apps.

We are excited to have you on board, but please take the time to carefully read our Terms of Service and our Privacy Policy first before you start using Think Dirty. The Privacy Policy terms are incorporated into, and considered a part of, this agreement. By accessing and/or using the Services, you accept and agree to follow and be legally bound by these Terms of Service, and you represent and warrant that you have the right, authority, and capacity to enter into the agreement. You must be at least 18 years old to access and/or use the Services offered by Think Dirty. If you are not at least 18 years old, or if you disagree with or do not wish to be bound by any of the following terms, please stop using the Site and Apps immediately.

PERSONAL USE

Everything that Think Dirty has to offer is for your own personal use only! You cannot use Think Dirty to make some bucks, big or small.

Personal use.The Services are provided solely for your personal and non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of TD’s Services. In particular, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from TD’s Services. You cannot transfer to or store any data residing or exchanged via TD’s Services for use by anyone other than yourself.

PRODUCTS, RATINGS AND SPONSORS

Think Dirty relies on information from others when it comes to product information and ingredient information. Where appropriate, Think Dirty will suggest alternatives to products and sometimes those products may be sponsored products.

Use at Your Own Risk. By accessing the Services, you acknowledge that any reliance upon any advice, opinion, statement or other information displayed or distributed through the Services is at your sole risk.

Accuracy of Information. Think Dirty works hard to ensure the accuracy of the information it provides throughout Services. However, we rely soley on data obtained from many sources, therefore we cannot guarantee the accuracy of the information or any analysis that uses such information. We reserve the right to correct any errors, omissions, or publish updates on any portion of our Content without notice.

Assessments, Ratings, and Opinions. Any reference to “toxicity” throughout our Services is not intended to necessarily reflect the meaning of “toxicity” that may be used by Health Canada and/or the United States Food and Drug Administration. Our assessments of “toxic” ingredients and “clean” or “dirty” products are simply opinions that we have formed based on peer-reviewed scientific papers and data obtained from various governmental and non-governmental organizations. The determinants “toxic,” “clean,” and “dirty” (and other similar terms) should not be considered a factual representation or warranty about a product or manufacturer.

Third Party Sponsors. Third parties may become sponsors of the Think Dirty “Cleaner Options” function. In such cases, the cosmetic and personal care products made by these third parties will be clearly labelled as a sponsored option and be placed in a prime position in the list of suggested cleaner options for any scanned product result.

Product Information. Think Dirty does not assume any liability for inaccuracies about products, whether based on manufacturer information, third party information, Think Dirty users’ information, or on ratings and assessments generated by us. You should carefully read all information provided by the manufacturers of the products, whether online or on the actual product packaging and labels, including the ingredients, health claims, and allergen information before using a product. For additional information about a product, please contact the manufacturer directly. We also encourage you to conduct the appropriate research and obtain the necessary medical advice to determine the best cosmetic or personal care product for your needs.

Professional Healthcare Advice. The Services are not meant to be a substitute for advice provided by a qualified and licensed healthcare professional. You should not use the Services for the diagnosis or treatment of a health problem or disease. You should always consult your healthcare provider for more information about what products you should and should not use.

USER ACCOUNTS

In order to use everything that Think Dirty has to offer, you must create a user account. But with a user account, comes great responsibility! Read more to find out what your responsibilities are.

Account Creation. To use certain features of the Services, you must register for an account with Think Dirty (“Think Dirty Account”) and provide certain information about yourself. You represent and warrant that:

  • a) all required registration information you submit is truthful and accurate;
  • (b) you will maintain the accuracy of such information; and
  • (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement.
  • Account Responsibilities. You are responsible for maintaining the confidentiality of your Think Dirty Account login information and are fully responsible for all activities that occur under your Think Dirty Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Think Dirty Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

    INTELLECTUAL PROPERTY

    Don’t copy us at Think Dirty or anyone else!

    Infringing Intellectual Property of Others. Think Dirty respects the intellectual property rights of others and expects users of the Services to do the same. At Think Dirty's discretion and in appropriate circumstances, Think Dirty may close the accounts of users or prevent access to the Services by users who infringe the intellectual property rights of others.

    Ownership of Intellectual Property. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services are owned by Think Dirty. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Think Dirty reserves all rights not granted in this Agreement.

    LICENSE

    When you use Think Dirty, you are given a license to use Think Dirty, but there are restrictions that come with that license.

    License Granted to You. Subject to the terms of this Agreement, Think Dirty grants you a non-transferable, non-exclusive, license (without the right to sublicense) to:

  • (a) use the Services solely for your personal, non-commercial purposes, and
  • (b) install and use the Apps, solely on your own handheld mobile or tablet device (e.g., iPhone, Android, etc. as applicable) and solely for your personal, non-commercial purposes.
  • Certain Restrictions to License. The rights granted to you in this Agreement are subject to the following restrictions:

  • (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services;
  • (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services;
  • (c) you shall not access the Services in order to build a similar or competitive service;
  • (d) except as expressly stated in this agreement, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means;
  • (e) you may not copy or modify the code used to provide the Services; and
  • (f) you may not use the Site, Apps, Content, or Services on or in connection with any other website, for any purpose. Any future release, update, or other addition to functionality of the Services shall be subject to the terms of this Agreement.
  • SERVICE & SUPPORT

    We will try our best to keep our database up-to-date, provide you with customer support and fix technical problems, but cannot promise that it will be done.

    Use of Services at Your Own Risk. Your access to and use of the Services is at your own risk. Think Dirty will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Services, or reliance on any information or advice with respect to any cosmetic or personal care products.

    Dynamic Database and Rating Results. Think Dirty’s rating system is based on research results obtained from various peer-reviewed scientific studies, governmental and non-governmental organizations, and we cannot guarantee the accuracy of such information at any given point in time. New scientific studies and developments will impact the rating system, and rating results may change from time to time to create a dynamic database of cosmetic and personal care products and their associated assessments and ratings. Think Dirty does not recommend that companies create marketing materials based on the ratings and assessments offered by us, and we make no representations or warranties about any of the products contained in our dynamic database.

    Customer Support. Think Dirty welcomes your feedback and may provide you with customer support from time to time, as required by our Terms of Service and our Privacy Policy.

    Modification Of Services and Technology Limitations. Think Dirty will make reasonable efforts to keep the Services operational, but technical difficulties and/or ongoing maintenance may result in temporary interruptions to the Services. We reserve the right, at any time, to modify, suspend, or discontinue the Services with or without notice. We reserve the right to integrate into a different web service, migrate to a different URL, modify or discontinue, restrict or block access to, the Services without notice to you. Think Dirty may modify or remove any Content from the Services at any time without notice to you. We are not liable for any such modification, suspension, discontinuance or removal. You agree that Think Dirty will not be liable to you or to any third party for any changes to or removals of the Services.

    USER CONTENT

    When you use Think Dirty, you will be generating ‘User Content’, which is content created by you. Subject to our Privacy Policy, we may use your user content, and there are certain things you cannot include in your user content.

    User Content Definitions and Responsibilities. “User Content” of a user means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, or forum posts and other similar materials that a user submits, e-mails, or otherwise uses with the Services. “Your User Content” means User Content that you provide to Think Dirty. “Media” means any means of conveying information. You are solely responsible for your User Content.

    You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness, or any disclosure of Your User Content that makes you or any third party personally identifiable.

    License. Subject to our Privacy Policy, using Your User Content with the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Think Dirty an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license. This license may be used to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the above, solely for the purposes of including Your User Content in the Services. You agree to permanently waive (and cause to be waived) any claims and declarations of moral rights or attribution with respect to Your User Content.

    Feedback. Any feedback or suggestions you provide to Think Dirty will be considered non-confidential and non-proprietary. As such, without a written agreement with Think Dirty that says otherwise, you agree that you will not submit to Think Dirty any information or ideas that you consider to be confidential or proprietary.

    Name, Trademarks and Likenesses License Grants. Subject to our Privacy Policy, you grant to Think Dirty a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property and other rights in Your User Content, to use all trademarks, trade names and the names and likenesses of any individuals that appear in Your User Content.

    Moral Rights. You waive and agree never to claim Moral Rights in Your User Content against Think Dirty or any of Think Dirty’s licensees. “Moral Rights” means any right to:

  • (a) divulge Your User Content to the public;
  • (b) retract Your User Content from the public;
  • (c) claim authorship of Your User Content;
  • (d) object to any distortion or other modification of Your User Content; or
  • (e) any and all similar rights, existing under judicial or statutory law of any country or jurisdiction in the world, or under any treaty regardless of whether or not such right is called or generally referred to as a moral right.
  • Restrictions to User Content. You agree that you will not submit User Content that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general Think Dirty community standards. We expressly reserve the right to remove or not make available any User Content that we believe is in violation of this Agreement, the applicable laws, or our community standards in our sole discretion. You agree that you will not upload, post, e-mail or otherwise transmit User Content to us that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    No Obligation to Include User Content. Although we have the right to include Your User Content in the Service or in any Media, we do not have the obligation to do so. We may, in our sole discretion and for any reason, refuse Your User Content or remove it from our Services at any time. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your User Content, nor do we guarantee any confidentiality with respect to Your User Content.

    Representations and Warranties. You affirm, represent, and warrant that:

  • (a) you own, or have the necessary licenses, rights, and/or consents to use Your User Content with the Services as described in this Agreement;
  • (b) Your User Content does not infringe any copyright or any other intellectual property right of any third party;
  • (c) Your User Content, and Think Dirty’s exercise of its rights as stated in this Agreement, do not and will not violate, misappropriate or infringe any intellectual property right, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
  • (d) you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Content by Think Dirty as permitted in this Agreement;
  • (e) Your User Content is not pornographic, obscene, libelous, defamatory, tortious, or otherwise unlawful;
  • (f) all factual statements submitted by you are accurate and not misleading; and
  • (g) Your User Content does not in any other way violate the Acceptable Use Policy below.
  • Not Endorsed by Think Dirty. You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by Think Dirty. Because you alone are responsible for Your User Content (and not Think Dirty), you may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy.

    Back-Up of User Content. Think Dirty is not obligated to back up any User Content and Your User Content may be deleted at anytime. You are solely responsible for creating backup copies of Your User Content if you require. We will protect User Content in accordance with Think Dirty’s Privacy Policy.

    ACCEPTABLE USE POLICY

    If you use Think Dirty, you promise not to do really bad things that will harm us or the public.

    Unacceptable Uses of Think Dirty. As a Think Dirty community member and user, you agree not to use the Services to collect, upload, transmit, display, or distribute any User Content:

  • (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • (b) that is unlawful, harassing, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (for example, material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or
  • (c) is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
  • In addition, you agree not to use the Services to:

  • (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • (d) interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;
  • (e) attempt to gain unauthorized access to the Services, other computer systems or networks connected to or used together with the Services, through password mining or other means;
  • (f) attempt to access or search the Site, Apps, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Think Dirty or other generally available third party web browsers;
  • (g) forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
  • (h) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Apps, Content, or Services;
  • (i) access, tamper with, or use non-public areas of the Site, Apps, Think Dirty's computer systems, or the technical delivery systems of Think Dirty's providers;
  • (j) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • (k) access, tamper with, or use non-public areas of the Site, Apps, Think Dirty's computer systems, or the technical delivery systems of Think Dirty's providers;
  • (l) attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • (m) in any way use the Site, Apps, Content or Services to send altered, deceptive or false source-identifying information; or
  • (n) harass or interfere with another user's use and enjoyment of the Services.
  • We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, closing your Think Dirty Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if we believe that it violates the rights of, or harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and customers, we may access and disclose any information considered necessary or appropriate, including your Think Dirty Account username and password, IP address and traffic information, usage history, and your User Content.

    APP STORES, THIRD PARTY SITES, AND OTHER USERS

    Using Think Dirty will involve others like the Apple App Store, third party websites, and other users. You must understand that we have no control over these others.

    App Stores. You acknowledge and agree that the availability of the Apps is dependent on the third party from which you received the Apps, including but not limited to the Apple iTunes App Store, Google Play, and/or other app stores (“App Stores”). You acknowledge that this Agreement is between you and Think Dirty and not with the App Stores. Think Dirty, not the App Stores, is solely responsible for the Apps, the Apps content, maintenance, support services, and warranty, and addressing any claims relating to such Apps (including but not limited to product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

    Third Party Sites. Think Dirty Services may contain links to third party sites (“Third Party Sites”). Such Third Party Sites are not under the control of Think Dirty and Think Dirty is not responsible for any Third Party Sites. Think Dirty provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. Advertisements and other information provided by Third Party Sites may not be wholly accurate. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices, will govern your use.

    Other Users. Each user of the Service is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that Think Dirty will not be responsible for any loss or damage suffered as a result of any such interactions with other Service users. If there is a dispute between you and any Service user, we are under no obligation to become involved.

    Release. As a result of this agreement, you agree to release us, our directors, our officers, employees, agents, and successors from any damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Service users, or any Third Party Sites.

    BEAUTY BOX SUBSCRIPTION POLICY

    The Subscription Contract Between You And Us Birchbox offers various subscription types: including rebillable monthly subscriptions (“Monthly Subscriptions”); prepaid annual subscriptions (“Annual Subscriptions”); and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”).

    Automatic Renewal Terms

    With respect of Birchbox subscriptions subject to automatic renewal, you agree that Birchbox may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Birchbox reasonably could act.

    Monthly Subscriptions

    By purchasing a Monthly Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Birchbox after the expiration date of your payment card.

    Automatic Monthly Renewal Terms

    Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your Monthly Subscription renewal.

    Cancellation Policy for Monthly Subscription Renewals

    To cancel your Monthly Subscription at any time, you may (i) log on to your account and follow the cancellation procedures there, (ii) send us a message at http://info.birchbox.com and we will do it for you, or (iii) go to support.birchbox.com and schedule a call with one of our Discovery Specialists who can help you cancel. If you cancel, you may use your subscription until the end of your then-current subscription term.

    Annual Subscriptions

    By purchasing an Annual Subscription, you agree and acknowledge that your subscription has an initial pre-payment feature for one full year of service and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Birchbox after the expiration date of your payment card.

    Automatic Annual Renewal Terms

    At the end of each yearly subscription term, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged the Annual Subscription renewal fee at the then-current Annual Subscription rate until you cancel your Annual Subscription renewal.

    Cancellation Policy for Annual Subscription Renewals

    You may only cancel your current Annual Subscription during the first month of the subscription. To cancel your Annual Subscription renewal for the following year, at any time after you were billed for the then-current year, you may (i) logon to your account and follow the cancellation procedures there, (ii) send us a message at http://info.birchbox.com and we will do it for you, or (iii) go to support.birchbox.com and schedule a call with one of our Discovery Specialists who can help you cancel.

    Beta Auto-Delivery Program

    By agreeing to participate in the a Auto-Delivery Program to replenish your grooming supplies, you agree and acknowledge that your participation in the program has an initial and recurring payment charge at the frequency chosen when you signed up in the amount of the then-current retail price of your selected product displayed on the Site or the App and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Birchbox after the expiration date of your payment card.

    Automatic Delivery Terms

    The product you selected for auto replenishment will be automatically sent to you at the frequency selected by you (e.g. every 2 months) and your payment method will automatically be charged on the 15th of the month in which delivery is to occur in the amount of the then-current retail price for the product on the Site and the App until you cancel your Automatic Delivery option.

    Cancellation Policy for Automatic Delivery Program

    To cancel your Automatic Delivery at any time, you may (i) logon to your My Box page and follow the cancellation procedures there, (ii) send us a message at http://info.birchbox.com and we will do it for you, (iii) email us at beta@birchboxman.com, or (iv) go to support.birchbox.com and schedule a call with one of our Discovery Specialists who can help you cancel.

    The Automatic Delivery Program is a Beta test Program (“Beta Program”). Birchbox reserves the right to change or discontinue this Beta Program. We may make these changes at any time, with or without notice. Your continued participation in the Beta Program will constitute your acceptance of the these terms and conditions, policies and service offerings. You also agree that Birchbox will own and have the sole right to use any ideas, information, understandings, and concepts derived from your evaluation of the Beta Program or any other suggestions or information you disclose, without restriction and without compensating you in any way.

    Gift Subscriptions:
    For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

    We reserve the right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

    1. Product Information; Limitation on Quantities Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site and the App is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site or the App will be available."

    NO WARRANTIES

    What you see, is what you get! Nothing more.

    Think Dirty Services As-Is. The Services and User Content are provided “as is,” without warranty or condition of any kind, either express or implied. Without limiting the above, Think Dirty explicitly disclaims any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement.

    No advice or information, whether oral or written, obtained from Think Dirty or through the Site, Apps, Content, User Content, or Services, will create any warranty not expressly made in this Agreement or create any liability for Think Dirty.

    LIMITATION ON LIABILITY

    If for some reason using Think Dirty causes you to lose money or data, we are not responsible. The maximum amount you can sue us for is the amount that you have paid to Think Dirty in order to use what we offer.

    Loss of Profits and Data. In no circumstances will Think Dirty, its successors, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from this Agreement. The above individuals and entities will also not be liable for your use of, or inability to use, the Services (including the Site, Apps, or site Content), or Third Party Sites & Ads, even if we have been advised of the possibility of such damages. Access to, and use of, the Services (including the Site, Apps, Content and User Content), and Third Party Sites & Ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting from such access and use.

    Claim Amount. Despite anything stated to the contrary in this Agreement, you agree that the total liability of Think Dirty to you for any and all claims arising from the use of the Site, Apps, Content, or Services is limited to the amounts you have paid to Think Dirty for access to and use of the Site, Apps, Content, or Services. These limitations of damages are fundamental elements of the basis of this Agreement between Think Dirty and you.

    INDEMNITY

    If we get sued by someone else because you did something terrible while using Think Dirty, you must promise to take responsibility and have our back.

    You agree to indemnify and hold Think Dirty, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and legal fees, from any claim or demand made by any third party due to or arising out of:

  • (a) your use of the Services,
  • (b) your User Content, or
  • (c) your violation of this Agreement.
  • Think Dirty reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You also agree to cooperate with our defense of these claims. Any settlements of matters or disputes must not be carried out without the prior written consent of Think Dirty. We will use reasonable efforts to notify you of any such claim, action, or proceeding if and when we are aware of it.

    TERM AND TERMINATION

    If you violate any of the rules written here, then we have to stop allowing you to use Think Dirty.

    If you violate any of these Terms of Service, your permission to use the Site, Apps, Content, and Services will be automatically terminated. Think Dirty reserves the right to revoke your access to and use of the Site, Apps, Content, and Services at any time, with or without cause.

    GENERAL

    Changes to Terms of Service. Think Dirty reserves the right to change these Terms of Service at any time without notice. By continuing to access or use the Site, Apps, Content, or Services after Think Dirty makes any such changes, you agree to be bound by the revised Terms of Service.

    Severability of Provisions. In the event that any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

    Governing Law. The use of Think Dirty, this Agreement, and any disputes that may arise related to our Services shall be governed by the laws of the Province of Ontario, and where appropriate, the laws of Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Despite the above, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

    Trademark Information. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties who may own the Marks.

    Entire Agreement. This Agreement (which includes the Privacy Policy) make up the entire and exclusive agreement between Think Dirty and you regarding the Services and User Content. These Terms of Service take the place of any prior agreements between Think Dirty and you regarding the Site, Content, Apps, Content, User Content, and Services.

    If you have any questions about these Terms of Service, please contact Think Dirty at questions@thinkdirtyapp.com.