1. Your Acceptance
BY USING AND/OR VISITING ThisNext.com or any other domain name owned by This Next, Inc ("This Next" and the "Company") including, but not limited to, the "ThisNext Website", the "ThisNext Gallery Network", the "ThisNext OneShop" or "ThisNext Badges" (collectively, the "Website" or "Websites"), YOU (as defined below) SIGNIFY THAT YOU AGREE TO BOTH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THISNEXT'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.ThisNext.com/company/privacy/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE (the "Terms of Service"). If you do not agree to any of these terms, then do not use the Website.
2. ThisNext Website & Gallery Network
These Terms of Service apply to all users of the Website, including users who are also contributors of text, image, audio, video or interactive content, information, and other materials or services on the Website ("You" or "you"). The Website may contain links to third party websites that are not owned or controlled by this Company. These third party websites may have separate terms and conditions that you may have to comply with. ThisNext has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ThisNext will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release ThisNext from any and all liability arising from your use of any third party website and expressly waive your right to bring any claim against This Next for any such related claim arising therefrom.
3. Website Access
A. You agree that you will not use the Websites or post any User Submissions that constitutes any of the following actions:
1. Defame, abuse, harass, stalk, threaten, violate the legal right of others or otherwise engage in objectionableor inappropriate behavior as determined by ThisNext;
2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, infringing, or unlawful content or violate these Terms of Services;
3.Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have ThisNext.s prior written consent to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our Websites, servers, or networks;
11. Impersonate any person or entity, including, but not limited to, a ThisNext representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or
14. Engage in any illegal activities or otherwise violate any applicable laws or use any of the Company.s content in the performance of any illegal act.
You will otherwise comply with the terms and conditions of these Terms of Service.
If you choose a screen name that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your screen name, delete your posts from our sites, deny you access to our websites, or any combination of these actions.
The technology and the software underlying our Websites is the property of ThisNext, our affiliates, or our licensors. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying the Websites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
A. In order to access some features of the Website, you will have to create an account. You may never use another person's account without permission and you will not allow access to a third party to your account. You are responsible for any use of your account. When creating your account, you shall provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ThisNext immediately of any breach of security or unauthorized use of your account. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. ThisNext will not be responsible for any loss or damage that may result if you fail to comply with these requirements. ThisNext will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of ThisNext or others due to such unauthorized use.
B. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "off-line readers," etc., that accesses the Website in a manner that sends more request messages to the ThisNext servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ThisNext grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ThisNext reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
C. ThisNext reseves the right to terminate Your access to the Website and/or cancel your user account at any time and for any reason including, without limitation, Your violation of these Terms of Service. You also have the right, at any time, to cancel Your user account by emailing Upon cancellation of your user account for any reason, ThisNext will remove your [username, profile picture, list of friends, the contents of Your "About Me" section, and your answers in the "What is the next" section] from the Website. However, pursuant to the license granted in Section 5(B) of these Terms of Service, ThisNext will not remove any other User Submissions You have contributed to the Website, except at its sole discretion and/or pursuant to third-party claims of infringement under Section 4, herein.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (together with User Submissions, the "Content") and any ThisNext trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ThisNext in accordance with trademark, copyright or other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ThisNext reserves all rights not expressly granted in these Terms of Service. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
A. The Website may now or in the future permit the submission of text, images, audio, videos, interactive or other communications or materials submitted by you and other users ("User Submissions") and the hosting, sharing, or publishing of such User Submissions. You understand that whether or not such User Submissions are published, ThisNext does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize ThisNext to use such User Submissions including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, as between you and ThisNext, you retain any of your ownership rights in your User Submissions. However, by submitting the User Submissions to ThisNext, you hereby grant ThisNext a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, modify, adapt, change, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website (including without limitation any successor of ThisNext), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ThisNext all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ThisNext or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or, (v) impersonate another person. ThisNext does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ThisNext expressly disclaims any and all liability in connection with User Submissions. ThisNext does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ThisNext will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights in accordance with Section D below. ThisNext reserves the right to remove Content and User Submissions for any reason or no reason without prior notice and at its sole discretion. ThisNext may also terminate a user's access to its Website at any time for any reason. ThisNext also reserves the right to decide whether any User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ThisNext may remove such User Submissions or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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 ThisNext to locate the material;
(iv) Information reasonably sufficient to permit the ThisNext to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement 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
(vi) 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 owner of an exclusive right that is allegedly infringed.
ThisNext's designated Copyright Agent to receive notifications of claimed infringement is:
PO Box 373
Pine Valley, CA 91962
For clarity, only notices of intellectual property infringement should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ThisNext customer service through http://www.ThisNext.com/contact/. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that ThisNext is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ThisNext with respect thereto, and agree to indemnify and hold ThisNext, its affiliates or licensors and their respective officers, directors, employees, representatives or agents, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. ThisNext provides an "Embeddable Gallery or Badge" feature, which you may incorporate into your own personal websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages containing the Embeddable Galleries and Badges. ThisNext reserves the right to require you to discontinue use of the "Embeddable Gallery or Badge" feature at any time.
G. ThisNext shall have the right to discontinue any aspect of the Website at any time with or without prior notice to you.
6. Warranty Disclaimer
THISNEXT PROVIDES THE WEBSITE .AS IS. AND YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THISNEXT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THISNEXT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THISNEXT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THISNEXT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL THISNEXT, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS, BE LIABLE (either directly or indirectly) TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THISNEXT, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ThisNext makes no representations that the Website is appropriate or available for use in locations outside of the United States. Those who access or use the Website from outside of the United States do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ThisNext, its affiliates and their respective officers, directors, employees, representatives and agents, from and against any and all claims, causes of actions or proceedings for damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including, without limitation, any copyright, property, privacy or other intellectual property or proprietary right; or (iv) any claim that one of your User Submissions caused damage to a third party. ThisNext reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This obligation will survive these Terms of Service and your use of the Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age (or you are over the age of 13 and either an emancipated minor or possess legal parental or guardian consent). You shall not access or use the Website unless you are fully able and competent to enter into these Terms of Service, and to abide by and comply with these Terms of Service. This Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ThisNext without restriction. Notwithstanding anything to the contrary in these Terms of Services, ThisNext may transfer information ThisNext has about you to third parties in connection with a merger, sale or acquisition involving all or part of our company, or as part of a corporate reorganization or stock sale or other change in corporate control. If ThisNext undergoes such a business transition, your personal information may be one of the assets affected.
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ThisNext, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and ThisNext that arises in whole or in part from the Website or Terms of Services shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service and any other notices published by ThisNext on the Website, shall constitute the entire agreement between you and ThisNext. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ThisNext's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND THISNEXT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE or these terms of service MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.