Legal
Advertising Disclosure
(Updated May 15, 2020)
ThinkMobiles accepts advertising, yet adheres to clear separation between advertising and editorial content. We present advertising material in a way as not to interfere with reading experience as best as possible, in terms of page design and the number of ads.
All advertising or sponsored content on ThinkMobiles is visibly and unequivocally distinguished from editorial content. This may be design elements and/or identifiers ("Ad", "Advertisement", "Sponsored").
All ads or paid content on ThinkMobiles are marked as "Ad" / "Advertisement" / "Sponsored" / "Sponsorship", etc., on indicating that the content is provided by or on behalf of a sponsor.
Editorial content on ThinkMobiles is not influenced by advertisers in any way, except sponsored content marked as "Advertisement", "Sponsored", etc.
In some cases, editorial content may include links to partners from which ThinkMobiles receives an affiliate commission (more details below). The placement of such links is not influenced by payment, and editorial staff keeps the right to modify or remove it any time in order to provide the best experience to users.
Advertisement standards
All ads or paid content must not contain any of the following: disruptive audio or animation, malware, spyware, adware, phishing or other scams, violated proprietary rights and trademarks, data collection forms. Alls ads must not promote any of the following: illegal activities, violence, discrimination, drug or alcohol use, adult content, profanity, misleading or false information.
How we earn money
The way ThinkMobiles is able to offer hundreds of articles and reviews for free to visitors is by partnering with advertisers and affiliate partners. This helps to pay our team of analysts and copywriters. At the same time, we maintain strict editorial independence, including software reviews and recommendations. If a product is worthy, we'll recommend it no matter if it is advertised or not, and vice versa - advertised product does not guarantee 100% positive review.
Advertised content may be in one of the following forms:
Why are we disclosing this?
We strongly believe in transparency on the web, therefore we have to be honest with our visitors. For full transparency, you can find a list of affiliate partners ThinkMobiles is currently working with.
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Editorial Policy
(Updated May 15, 2020)
Our mission is to collect, analyze, simplify and present information about software so that our readers are able to make informed decisions. Software market is constantly expanding, evolving and shifting, it is extraordinarily tough to keep up as a casual user. Therefore, ThinkMobiles team reviews all kinds and sorts of modern software, recommends the best applications, reviews individual applications, picks top software development companies, compiles FAQs and user tips, etc. Over the years, we've helped thousands of people, small businesses and corporations.
Principles and ethics
We are abiding by the Codes of Ethics of the Society for Advancing Business Editing and Writing (SABEW). We follow the guidelines of the Society for Professional Journalists' foundations of ethical journalism: accuracy, fairness, harm minimization, independence, accountability and transparency.
ThinkMobiles content serves informational purposes only, it is not intended to substitute the advice of certified experts.
Editorial process and standards
Our staff of analytics, researchers, consultants and writers writes and uploads all the articles and content on ThinkMobiles. We do not make direct recommendations to purchase any particular software. We provide relevant analysis, context, user tips and FAQa to help make clever decisions. Wherever possible we provide concrete examples capable of solving certain issues.
We are continually evaluating our articles, and updating them when information gets out of date. Such content is then date-stamped to reflect this. Every article is prepared by efforts of several people to ensure accuracy, usefulness, readability and preserving the editorial principles. A person you see as an author has been managing a team effort for that particular article.
ThinkMobiles team decides on content topics independently, writers and contributors each possess a subject matter expertise in the topics assigned.
Writers
ThinkMobiles staff are carefully recruited, vetted and trained. Each of them is experienced in a given area, e.g. security software, e-commerce, trading applications, PC utilities etc., and all are perfectly capable of communicating complex topics in accessible form. Every author is listed at the top of the blog article, along with brief biography/credentials and links to social media profiles. All writers are required to uphold the editorial principles and guidelines listed above.
Third-party content
Third-party content is cautiously reviewed by the ThinkMobiles editorial team to ensure it too upholds our principles and standards. In this regard, we reserve the right to modify and edit third-party content. All such content is labeled to notify readers. Currently, we do not accept or post third-party content on ThinkMobiles blog. It is accepted only to the catalogs of Softwares and services (as their description, pricing, pictures), and in user reviews of products and services generated by our visitors and contributors.
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Copyright Policy
(February 3, 2021)
All articles published on ThinkMobiles are protected by copyright laws. Copying, downloading, reproducing, duplicating, selling, redistributing, republishing or exploiting this content in other ways without permission is prohibited. Any infringement will be subject to liability.
Republishing parts of articles or whole articles from ThinkMobiles on other websites is a violation of copyright violation. In such cases we will file complaints to international intellectual property organisations (WIPO, EUIPO, USPTO, ARIPO, etc.), file "cease and desist" requests to violators, Google and other search engines, web hosting services; or take any other legal actions possible.
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Privacy Policy
(Updated May 15, 2020)
Protecting the privacy and safeguarding the personal and financial information of our clients and website visitors is one of our highest priorities. The following Privacy Statement explains how ThinkMobiles collects and protects your personal information. References to "ThinkMobiles" in this Privacy Statement include all ThinkMobiles companies and divisions, including ThinkMobiles. By opening a ThinkMobiles account or by using ThinkMobiles websites, you give your consent to the collection and use of personal information by ThinkMobiles as explained in this Privacy Statement.
Introduction
We understand the importance of protection of your privacy and personal data and commit a lot of efforts to develop and maintain high standards of inner security measures and technologies to provide you with secure processing and storage of the data we collect from you; and keep your data safe against unauthorized or unlawful processing and against accidental loss, destruction or damage.
Definition
Personal information refers to "information or an opinion, whether true or not, and whether recorded in a material format or not, about an identified individual, or an individual who is reasonably identifiable". Any information or opinion that may lead to the reasonable inference to the identity of an individual may be considered personal information.
Personal data we collect and objective
When registering for an account via ThinkMobiles we collect and further process the following categories of data:
We do not collect any information that may identify you without your permission. We use Google Analytics on Our Technology Platform. If you want to know more about Google Analytics and its "do not track" policy, please visit https://www.google.com/analytics/terms/us.html
We do not intend to solicit or collect Personal Information from anyone under the age of 16 or under the legal age of your country, if it is higher. If you are under 16 or are not of a legal age of your country, do not enter any personal information on our Website.
The term we keep the personal information collected depends on the type of information, the purpose of its use, nature of sensitiveness, etc. To the general rule, we will retain your personal information for the length of time reasonably needed to fulfill the purposes outlined in this privacy policy, including for as long as needed to provide you with products and services, unless a longer retention period is required or permitted by law. We will also retain and use your information for as long as necessary to resolve disputes and/or enforce our rights and agreements.
We collect and process the abovementioned data to fulfil our contractual obligations and legitimate interest before you, namely:
The above list may be extended depending on the development of the services. We collect your personal information directly from you and indirectly as a result of your relationship with us. ThinkMobiles may use the information collected from you to verify your identity and contact information, issue you an account number and a secure password, maintain your account activity and contact you with account information, among other reasons. This information also helps us improve our services to you, customize your browsing experience and inform you about additional products, services or promotions that may be of interest to you. You directly provide us with the majority of information we collect. This information includes your contact details, including name, mailing address, telephone number and e-mail address, personal identification data we are required by law to collect, including your passport number and/or tax identification number. We also collect demographic information when you open an account, including gender, birth date, occupation and employment status.
You provide us with this information by completing the account application and related documentation, by sending us an e-mail or by submitting information in response to a promotion or special offer. The information we collect indirectly from you includes your Internet protocol ("IP") address, browser type, operating system, Internet service provider (ISP), time stamps and transaction history. Should you close your account with us, ThinkMobiles will retain your information, but only use it to comply with regulatory requirements and to periodically contact you to offer you the opportunity to reactivate your account or participate in other offers.
Processing of your personal data
Your personal data may be received and processed:
Those subprocessors perform tasks on our behalf and are contractually obligated not to disclose or use collected information for any other purposes, then storage, help in facilitation of technical aspects of our services or perform functions related to the administration of services (collection and analysis) or other indicated under contractual closes.
Client specifically agrees that ThinkMobiles may to its own discretion engage subprocessors, who comply to technical and organizational measures in a manner that meet applicable requirements of Regulation and security standards implied under this Privacy Policy.
If such subprocessors are outside of Swiss Confederation or the European Union or European Economic Area, the processing of personal data is done or will be done in accordance with applicable laws.
Subprocessors remain fully liable for all obligations subcontracted to, and all acts and omissions of, ThinkMobiles is not responsible in the event that information is disclosed at a result of a breach or security lapse at any such subprocessors, or for such subprocessors' non-compliance with the foregoing requirements.
Incidents notification
If ThinkMobiles becomes aware of any breach of our security leading to the accidental or unlawful destruction, loss, alteration or unauthorized disclosure of, or access to (excluding unsuccessful attempts or activities) personal data of Clients on systems managed or otherwise controlled by us we will notify you promptly and without undue delay and in compliance to the procedure prescribed under respective Regulation.
The notification will be made to your e-mail address at the discretion of ThinkMobiles or by other direct communication available to ThinkMobiles and allowed by Client (for example, by phone or e-mail). It is sole responsibility of the Client to provide us with the e-mail address and ensure that this e-mail address is valid and current.
None of Data Incidents notification from ThinkMobiles may not be and will not be construed as an acknowledgment of any fault or liability with respect to data incident by us.
Client's security commitments
Client agrees that without prejudice to our security measures and data incidents that it is Client's responsibility to make appropriate use of our services to ensure a level of security appropriate to the risk in respect of your personal data and securing your authorization credentials, system and devices which you use to access to our services.
We are not obliged to protect your personal data that you choose to store or transfer outside ThinkMobiles and our subprocessors' systems.
Client's rights in respect to its personal data
Under the General Data Protection Regulation (EU) 2017/676, you have various rights in relation to your personal data. All of these rights can be exercised by contacting us at info@ThinkMobiles.com. In certain circumstances, you have the following rights in relation to your personal data:
In some case we may charge a fee (based on our reasonable costs) if the requests are excessive considering the nature of the request itself or nature and functionality of our services.
Cookie & similar technologies
We use cookies and web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, "cookies") to provide us with data we can use to improve your experience and to know you better. Cookies are small text files sent from Web servers that may be stored on your computer. Cookies enable us to capture how you arrived at our site, when you return, which pages on our site you visit, and to recognize that you are already logged on when we receive a page request from your browser. We may link the information we store in cookies to personally identifiable information you submit while on our site. We will never share this information with any 3rd party. Cookies are readable only by us and do not contain any personal information nor do they contain account or password information. We cannot and will not gather information about other sites you may have visited. We may share usage information about visitors to our websites with reputable advertising companies for the purpose of targeting our Internet banner advertisements. The information collected by the advertising company through the use of these pixel tags is not personally identifiable. We may also use 3rd party software to track and analyze usage and volume statistical information including page requests, form requests and click paths. The third party may use cookies to track behavior and may set cookies on behalf of ThinkMobiles. All web browsers have settings that allow you to block cookies. By visiting our website with your browser set to allow cookies, you consent to our use of cookies as described above. If you choose to block cookies you may use our services but some functions may not work as designed.
Sharing personal information with ThinkMobiles affiliates and non-affiliated third parties
ThinkMobiles does not sell, license, lease or otherwise disclose your personal information to any affiliate or third party for any reason, except as described below. ThinkMobiles may share information with affiliates if the information is required to provide the product or service you have requested or to provide you the opportunity to participate in the products or services our affiliates offer.
To help us improve our services to you, we may engage another business to help us carry out certain internal functions, such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a non-affiliated third party with client information from our database, including your name, address, phone number, and/or e-mail address, to help us analyze and identify client needs, notify clients of product and service offerings or conduct general marketing and market research for us.
ThinkMobiles also forges partnerships and alliances with non-affiliated third parties which offer high-quality products and services that might be of value to our clients. In order to ensure that these products and services meet your needs and are delivered in a manner that is useful and relevant, ThinkMobiles may share some personal information with these non-affiliated third parties.
We always require that all non-affiliated third parties to which we provide your nonpublic personal information agree to keep your information confidential and use such information solely for the limited purpose for which we have engaged them, or as otherwise required by law. In addition, where offers are made to you by non-affiliated third parties, we always require that they disclose that the offer is being extended because of your relationship with us. We also seek to ensure that these nonaffiliated third parties maintain appropriate data security procedures to guard against unauthorized use of, or access to, your personal information.
When required by law, ThinkMobiles reserves the right to disclose your personal information to third parties or regulatory, law enforcement or other government authorities. We may also disclose your information to credit reporting or collection agencies, or when necessary to protect our rights or property. If at any time you choose to purchase a product or service offered by another company, for example by clicking on an advertisement on a website owned or controlled by ThinkMobiles, any personal information you share with that company will no longer be controlled under our Privacy Statement. We are not responsible for the privacy policies or the content of sites we link to and we have no control over the use or protection of information provided by you to, or collected by, those websites. Whenever you elect to link to a cobranded website or to a linked website, you may be asked to provide registration or other information. Please note that the information you are providing is going to a third party and you should familiarize yourself with the privacy policy published by that third party.
The security of your personal information
We employ security software, systems and procedures to offer you a safe and secure working environment and to protect your personal, financial information. When you open an account with us, you are issued a unique User ID and a password. Only a limited number of ThinkMobiles employees who have a need to know this information will have access to your User ID, and password. Remember that you are ultimately responsible for maintaining the secrecy of your User ID and password. We strongly recommend that you do not disclose this information to anyone. On our websites and online account application we use technology to encrypt information transmitted by or to you. We use certificate authority (CA) certificates to authenticate our websites and secure trading and customer-facing applications, allowing you to verify that you are connected to our websites.
Changes to this privacy statement and opting out
Please note that we may amend this Privacy Policy from time to time at our sole discretion. Therefore, please check this Privacy Policy for updates. If any significant updates in regard to data processing terms are made here we will notify you additionally within reasonable time via e-mail provided by you. In the event ThinkMobiles materially changes this Privacy Statement, the revised Privacy Statement will promptly be posted to our websites. By opening an account with us, you are deemed to agree to accept posting of a revised Privacy Statement electronically on our website as actual notice to you. Under certain circumstances, such as with respect to our sharing of your personal information with non-affiliated third parties, you may inform us that you would like to "opt out" by contacting us through the contact information listed below. An opt-out election must be made for each separate account you hold at ThinkMobiles. Any dispute over our Privacy Statement is subject to this notice and the ThinkMobiles Customer Agreement. If you have any questions that this Privacy Statement does not address, please contact a Client Services representative.
Contact details
You may contact ThinkMobiles for any reason under this Privacy Statement, or otherwise, as follows: info@ThinkMobiles.com.
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California Privacy Notice
(Updated May 15, 2020)
This California Consumer Act Privacy Notice ("CCPA Notice") applies to "Personal Information" (PI) of "Consumers" as defined by the California Consumer Privacy Act ("CCPA").
We collect and share the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.
Category: Identifiers and Personal Records (e.g., email address, name, address, IP address, credit card number)
Category: Customer Acct. Details/Commercial Information (e.g., details of your use of our service)
Category: Internet Usage Information (e.g., information regarding your interaction with our services)
Category: Inferences (e.g., information regarding your interaction with our services)
In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.
We do not knowingly "sell" personal information that we collect from you, in accordance with the definition of "sell" in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a "sale" of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Cookie Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process ("Verifiable Consumer Request"). Please follow the instructions at our Contact Us page here and respond to any follow up inquiries we may make. In order to verify your identity, we will send you an email to the email address that you provide to us, and you must take action as described in our email. This will enable us to verify that the person who made the request controls and has access to the email address associated with the request. We will check our systems for the email address that you provide, and any information associated with such email address. If you provide us with an email address that has not been used to interact with us, then we will not be able to verify your identity. In other words, the only reasonable method by which we may verify the identity of individuals is if we have an email address on file that was provided to us in relation to our services. We will be unable to fulfill your request if we cannot verify your identity.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer's personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
To make a request according to your rights to know or to request deletion of your PI set forth below, please click here, where you will find a description of the process we use to verify your request and any information that we will need to confirm your identity. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards, which may include a request to provide further information.
You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you. You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs, including unsubscribing from email newsletters.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
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Terms Of Use
(Updated May 15, 2020)
The company is registered as ThinkMobiles, Shandora Petefi sqr., 47/701, Uzhhorod, 88000, Ukraine (hereinafter -- "ThinkMobiles", "we" or "us"), operating under the brand ThinkMobiles, assisting buyers in identifying prospective service providers by creating reviews of such companies and their products under the current Terms and Conditions ("Terms").
Definitions
Acceptance of terms
By using our Website and/or Services including but not limited obtaining information from ThinkMobiles such as research publications, using the ThinkMobiles API or mobile application, contributing content to ThinkMobiles by any channel including by posting information on the website, responding to a survey, submitting an email, or participating in a telephone interview you, therefore, constitute that you have read, understood and accept the given Terms. If you do not agree with the provisions of the Terms, refrain from using the Website and/or Services.
ThinkMobiles grants you a non-exclusive, non-transferable and limited personal license to access and use the Website (the "License"). This License is conditional upon your full compliance with these Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to the Terms. In that case, the terms "you" or "your" shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to ThinkMobiles.
Privacy
Please refer to our Privacy Policy for information how we collect, use, and disclose information from our customers. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to the terms
We may without prior notice modify, change or discontinue all or any part of these Terms at any time and in our sole discretion. Any edition of the Terms made publicly available on the Website is actual and final. We will notify you only with the sufficient changes.
You shall check this Terms from time to time during your use of the Services. If you do not accept the modified version of Terms, you must stop using the Services. We may terminate these Terms and your access to all or any part of the Services at any time and for any reason without prior notice or any liability for us.
Services
The mission of ThinkMobiles is to connect buyers and sellers of business services. To achieve our mission, ThinkMobiles website assists buyers in identifying prospective service providers, including by providing reviews of such companies. We also assist service providers in marketing their companies and services. You acknowledge and agree that the all information made available via the Website is estimation only and may differ from information available via other sources outside of the Website.
We are not obligated to maintain or support any of the Services, to provide all or any specific content of the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that we may from time to time in our sole discretion make updates or upgrades to any of the Services, disable access for any period of time or permanently, and automatically update or upgrade the version of any of the Services that you are using. You consent to such automatic updating or upgrading and agree that these Terms will apply to all such updates or upgrades, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
To be able to use all the possibilities and functionality of our Services you shall undertake the registration process and create an Account. When you create an Account you oblige to:
YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY MISTAKES ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MISTAKES, WHETHER ORIGINATED FROM OUR FAULT OR NOT
ELIGIBILITY
Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
You further represent and warrant that you:
YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
WARRANTIES & ACKNOWLEDGMENT
Customer warrants to:
Customer acknowledges that:
You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services.
Without prejudice to the foregoing, you represent, agree and warrant that YOU WILL NOT:
USER CONTENT
Your Responsibility For the Content You Submit: The Services may enable you to provide, submit, post, upload, or otherwise make available via the Website, email, telephone, online survey, or otherwise (collectively, "submit") content such as reviews, comments, messages, and other content (collectively, "User Content") that may or may not be viewable by other users. You acknowledge and agree that you are solely responsible for all User Content you submit. Once User Content is submitted, it cannot be withdrawn. Any User Content you submit must be accurate and up to date. You agree that you have all required rights to submit, use, or disseminate such User Content without violating any third-party rights. You assume all risk for any User Content you submit, including anyone's reliance upon such User Content. You may expose yourself to liability if you submit User Content that is false, misleading, defamatory, violates any third-party right or contractual restriction or contains unlawful material. You agree that you will indemnify, defend, and hold harmless ThinkMobiles for all claims resulting from User Content that you submit, including but not limited to claims alleging defamation. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses. You further acknowledge and agree that we reserve the right, in our sole discretion, to reject, move, edit, or remove any User Content that is contributed to the Services for any reason or no reason, but we do not assume the obligation. For example, we may remove a review if we, in our sole discretion ThinkMobiles has no obligation to retain or provide you copies of the User Content. You acknowledge and agree that we do not verify, adopt, ratify, or sanction User Content and that you must evaluate and bear all risks associated with your use of or reliance on User Content. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise and any ranking on the Services does not constitute or imply endorsement or recommendation thereof by ThinkMobiles. User Content and rankings consist of the opinions of third-parties and may contain inaccuracies. ThinkMobiles makes no assurances regarding the quality, accuracy, or reliability of any User Content or rankings on the Services. You also understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable.
From time to time, ThinkMobiles may provide incentives to encourage users to submit reviews. Any such incentives are not dependent on whether the review is positive or negative.
ThinkMobiles is under no obligation to enforce the Terms on your behalf. You may notify ThinkMobiles if you believe another user has violated the Terms; however, ThinkMobiles reserves the right, in its sole discretion to investigate violations of and enforce the Terms.
ThinkMobiles License to User Content
When you submit User Content on or through your use of the Services, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable license, subject to these Terms, to use the User Content for any purpose, including to use, publish, reformat, copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate, and create derivative works from such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for providing, promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels, without any further consent, notice and/or compensation to you or to any third-parties.
ThinkMobiles and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Feedback
Any and all of your feedback about the Services, such as suggestions for corrections, updates, alterations, changes, or modifications to the Services will be the property of ThinkMobiles and you hereby assign any rights in such feedback to ThinkMobiles, without payment to you.
THIRD-PARTY CONTENT AND SERVICES
For the purposes hereof at the same time "Third-party service" refers to any platform or network which is maintained by a third party outside of the Services, including, but not limited to third-party accounts.
No control over third-party services. You may be charged fees by the third-party service provider. ThinkMobiles is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
While using our Website, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
ThinkMobiles includes links to third party websites. You are responsible for evaluating whether you want to access or use a third party site. ThinkMobiles is not responsible for and does not endorse any content, services, products or other materials on or available from third party sites. Accordingly, if you decide to use third party sites you do so at your own risk and your use is on an "as-is" basis.
ThinkMobiles shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any linked websites. These Terms do not apply to your use of any third party site. The third-party websites may have their own Terms of Service and Privacy Policy to which you may be bound.
INTELLECTUAL PROPERTY
All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, colour scheme, and graphics are protected by local and international intellectual property laws and treaties.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only. In any case, you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services. In case you upload or share any feedback, suggestion, idea or other information or material ("Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website. It can be used for marketing or any other purposes at our sole discretion.
Copyright policy (in Terms of Use)
ThinkMobiles respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that User Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) 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 (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 copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding User Content appearing on the Service is:
ThinkMobiles, Shandora Petefi sqr., 47/701, Uzhhorod, 88000, Ukraine
Email: info@ThinkMobiles.com
Please note that we will send a copy of your notice to the person who provided the allegedly illegal content and a link to your published notice may be displayed on ThinkMobiles in place of the removed content. We reserve the right to remove User Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.
COMMUNICATIONS
You agree and consent to receive electronically all Communications that ThinkMobiles may be willing to communicate to you in connection with your ThinkMobiles Account and/or use of our Services. For the purposes hereof "Communications" shall mean all and any communication, agreement, document, receipt, notice, and disclosure, which may be from time to time addressed to User by ThinkMobiles. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case, you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, ThinkMobiles may suspend or terminate your use of the Website.
APPLICABLE LAW AND JURISDICTION
You and ThinkMobiles agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ThinkMobiles shall be sent by email. Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be governed by these Terms and the laws of Ukraine, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and the Services (including any alleged breach thereof), any litigation against the Company may be commenced only in the courts located in Ukraine. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. Whether the dispute is heard in arbitration or in court, you will not commence against ThinkMobiles a class action, class arbitration or representative action or proceeding.
DISCLAIMERS & LIMITATION OF LIABILITY
Except as expressly provided to the contrary in a writing by us, our services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. Except as otherwise required by law, IN NO EVENT SHALL ThinkMobiles, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM ThinkMobiles, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ThinkMobiles'S RECORDS, PROGRAMS OR SERVICES. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ThinkMobiles (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, ThinkMobiles OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO ThinkMobiles WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY. ThinkMobiles DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. ThinkMobiles DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, ThinkMobiles DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold ThinkMobiles harmless from and against any and all third-party claims, liabilities, demands, settlements, damages, losses, and expenses of any kind (including, but not limited to, reasonable attorneys' fees and costs) arising out or relating in any way to (1) your failure to comply with these Terms, including, without limitation, your submission of User Content or (2) your use of the Services or any activity in which you engage on or through ThinkMobiles.
TERMINATION
We reserve the right to terminate these Terms and delete your Account and registration (including your username and password) for the following reasons: If we believe that you have breached any of the provisions of these Terms, immediately without notice; An attempt by yourself or assist at attempting to gain unauthorized access to the Website; If we decide to terminate our Services, immediately without notice; Use of the Services for performance of illegal activities; Upon the request of legal authorities. We reserve the right to change, suspend or discontinue all or any aspect of the Services at any time without prior notification. The termination does not affect any previous transactions, rights or obligations accrued prior to the notice of termination.
MISCELLANEOUS
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with ThinkMobiles, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement. Nothing in these Terms shall be construed to create a partnership, fiduciary, joint venture or agency relationship between you and us. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ThinkMobiles arising out of or in any way related to these Terms, the access to and use of the Services, content, or any products or services exceed $100. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from ThinkMobiles, including by operation of law or in connection with any change of control. ThinkMobiles may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CONTACT DETAILS
In case of any questions arising in connection to these Terms, feel free to contact us at info@ThinkMobiles.com
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