Terms and Conditions for Thinkio Ltd

 

Welcome to Thinkio. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Site, located at https://www.thinkio.it, and/or the web app, located at https://app.thinkio.it/, (hereby referred to collectively as the “Service”) operated by Thinkio Ltd (“Thinkio”, “we”, “us”, and “our”).

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and the terms of our Privacy Policy. These Terms apply to all visitors, users and others who access or use the Service. 

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

 

You may not access or use the Service for any purpose other than that of an educational or scholarly nature.

 

User Accounts: If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must notify us immediately of any unauthorized uses of your data, your account or any other breaches of security. Thinkio will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. 

You must be 18 to create an account on the Service. Please see the terms of our Privacy Policy if you intend to share material with minors (if you have students under the age of 18). 

If we discover an account holder is under 18 years of age, we reserve the right to remove the user and any material connected with such account without warning or refund of any fees or subscriptions paid. 

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Disclaimer of Warranties: The Service and the content are provided “as is” and “as available”. We and any third-party content providers or licensors (collectively, “content providers”) disclaim all warranties of any kind (express, implied or otherwise) regarding the Service or the content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or need, ownership, and non-infringement. We make no warranty about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the Service or the content. We do not warrant that the Service will operate without error or interruption, or that the Service or its server is free of computer viruses or other harmful materials. We may discontinue or change any Service content, service, function or feature at any time with or without notice.

 

Limitations of Liability and Remedies: The Service and the content are provided on an “as is” and “as available” basis. You agree that your use of the Service and content will be at your own sole risk. If you are dissatisfied with the Service or the content, your exclusive remedy is to stop using the Service and the content. In no event shall we or any content provider be liable to you, in contract, tort or otherwise, for any direct, indirect, special, incidental, consequential, punitive or other damages of any kind whatsoever arising out of or in connection with the Service or the content, or your use of the Service or the content, even if we or a content provider are negligent or otherwise at fault, and regardless of whether we are advised of the possibility of such damages.

 

Modifications: We may change, remove, add or otherwise modify the Terms and Conditions, and reserve the right to do so at our discretion. In that case, we will post the updated Terms and Conditions and indicate the date of revision. Your continued use of the Service after new and/or revised Terms are effective indicators that you have read, understood and agree to those Terms and Conditions. Accordingly, we encourage you to periodically review the Terms and Conditions.

 

We reserve the right to introduce a fee for use of the service in whole or in part and withhold or withdraw features or functionality from users who do not wish to pay. Furthermore, we reserve the right to terminate the service at any time.

 

Indemnity: You agree to defend, indemnify, and hold harmless Thinkio, and all persons associated with the service, from and against all claims, actions, suits, damages, liabilities, and expenses (including, without limitation, reasonable legal fees) that arise from or relate to your use or misuse of, or access to, the Service and/or the content or otherwise from your breach of any provision of these Terms and Conditions as permitted by law.

Content: By using the Service to upload digital files (“Content”) and make Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;

• the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material.

• the Content is not obscene, illegal or libelous, and does not violate the privacy or publicity rights of any third party. 

• The converted versions of Content that you upload are publicly available on the internet (which is how they are accessible to students). Since only a URL is required for students to access the materials that are uploaded to service, the worksheets themselves, the notes that students make on the worksheets, and the teacher’s marking notes, are publicly available on the internet to anyone with the URL of the worksheet. Sensitive material or data should never be uploaded to the service, sensitive or private notes, drawings or any other media or information of any kind should not be written, made or uploaded on the Service. It should be assumed that all data and information on the service is potentially publicly accessible via the internet.

 

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above provisions, including without limitation, reporting you to law enforcement authorities.

We reserve the right to delete any content submitted by users which is considered inappropriate for the Service for any reasons, at our sole discretion

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As Thinkio asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Thinkio violates your copyright, you are encouraged to notify us and info@thinkio.it. Thinkio will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. 

In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of Thinkio or others, Thinkio may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, Thinkio will be under no obligation to provide a refund of any amounts previously paid to Thinkio.

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Governing Law and Jurisdiction: You agree that all matters arising from or relating to the Service will be governed by the law of England and Wales and settled by the courts of England and Wales.

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Integration and Severability: If any provision of the Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. Headings are for reference purposes only and in no way define or limit the scope or extent of that section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the subject matter hereof.

 

Should you require any further information please don’t hesitate to contact us at info@thinkio.it

 

Last modified: 23rd February 2021