Terms of Service

Terms of Service

Last Updated: August 1^st, 2022

1.    Introduction

• Welcome to Thalamus.org! Your use of Thalamus.org’s services, including the services Thalamus.org makes available through this website and all related web sites, mobile sites, data files, visualizations and applications which link to these terms of service (the “Site”) and to all services offered by Thalamus.org in connection with any of those (the “Services”), is governed by these terms of service (the “Terms”), so please carefully read them before using the Services.  For the purposes of these Terms, “we,” “our,” “us,” and “Thalamus.org” refer to Thalamus.org, Inc., the providers and operators of the Services.

• In order to use the Services, you must first agree to these Terms. If you are registering for or using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case,  “you” and “your” will also refer to that organization, wherever possible.

• You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child's registration with the Services, you agree to be bound by these Terms with respect of your child’s use of the Services.

• You agree your use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Thalamus.org or any of its affiliates regarding future functionality or features.

2.    Your Account

• In the course of registering for or using the Services, you may be required to provide Thalamus.org with certain information, including your name, contact  information, username and password (“Credentials”). Thalamus.org handles such information with the utmost attention, care and security. Nonetheless, you, not Thalamus.org, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information or other information relating to your account changes, you must notify Thalamus.org promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Thalamus.org of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Thalamus.org immediately.

3.    Content

• A variety of information, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by Thalamus.org or its suppliers (“Thalamus.org-Supplied Content”). While Thalamus.org strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, Thalamus.org cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any Thalamus.org-Supplied Content.

• You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) through use of the Services. All such information is referred to below as “User Content.”

• You agree that you are solely responsible for (and that Thalamus.org has no responsibility to you or to any third party for) any User Content, and for the consequences of your actions (including any loss or damage which Thalamus.org may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services. Furthermore, you acknowledge that Thalamus.org does not control or actively monitor Content uploaded by users and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Thalamus.org be liable in any way for any such Content.

• Thalamus.org may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, Thalamus.org may also delete the User Content as of that date. User Content that is deleted may be irretrievable.  You agree that Thalamus.org has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through use of the Services.  

• Thalamus.org reserves the right (but shall have no obligation) to monitor and remove User Content from the Services, in its discretion. You agree to immediately take down any Content that violates these Terms, including pursuant to a takedown request from Thalamus.org. Thalamus.org also reserves the right to directly take down such Content.

• By submitting, posting or otherwise uploading User Content on or through the Services you give Thalamus.org a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
  
  with respect to User Content that you submit, post or otherwise make publicly or generally available via the Services (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
  
  with respect to User Content that you submit, post or otherwise transmit privately via the Services, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose of enabling Thalamus.org to provide you with the Services, and for the limited purposes stated in our Privacy Policy.

4.    Proprietary Rights

• You acknowledge and agree that Thalamus.org (and/or Thalamus.org’s licensors) own all legal right, title and interest in and to the Services and Thalamus.org-Supplied Content and that the Services and Thalamus.org-Supplied Content are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

• Except as provided in Section 3, Thalamus.org acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, upload, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those     rights may exist). Unless you have agreed otherwise in writing with Thalamus.org, you agree that you are responsible for protecting and enforcing those rights and that Thalamus.org has no obligation to do so on your behalf.

5.    License from Thalamus.org and Restrictions on Use

• Thalamus.org gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Site and Services for the sole purpose of to allow you to access the Services for your non-commercial or internal business purposes, in the manner permitted by these Terms.

• You may not (and you may not permit anyone else to): (i) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Thalamus.org, in writing (e.g., through an open source software license); or (ii) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

• You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the     Services).

• You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Thalamus.org, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

• You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

6.    Privacy Policy

• These Services are provided in accordance with our Privacy Policy, which can be found at [link]. You agree to the use of your User Content and personal information in accordance with these Terms and Thalamus.org’s Privacy Policy.

7.    Modification and Termination of Services

• Thalamus.org is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Thalamus.org provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements.  Any new features that may be added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

• You are solely responsible for exporting your User Content from the Services prior to termination of your account for any reason, provided that if we terminate your account for our convenience, we will endeavor to provide you a reasonable opportunity to retrieve your User Content.

• Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

8.    Changes to the Terms

• These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.  Please visit this page regularly to review these Terms for any changes.

9.    DISCLAIMER OF WARRANTY

• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

• THALAMUS.ORG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS  WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR     PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE     FOREGOING, THALAMUS.ORG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

• NOTHING IN THESE TERMS, INCLUDING SECTIONS 10, SHALL EXCLUDE OR LIMIT THALAMUS.ORG’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

10.    LIMITATION OF LIABILITY

• SUBJECT TO SECTION 9 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THALAMUS.ORG, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO     YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF     PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

• THE LIMITATIONS ON THALAMUS.ORG’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT THALAMUS.ORG HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

• SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THALAMUS.ORG’S TOTAL     LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN  CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR     ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

11.     Copyright Policy

• We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
     
  DMCA Notice of Alleged Infringement (“Notice”)

 
• Identify the copyrighted work that you claim has been infringed, or if multiple      copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

 
• Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

 
• Provide your company affiliation (if applicable), mailing address, telephone      number, and, if available, email address.

 
• Include  both of the following statements in the body of the Notice:
 

 
• “I hereby state that I have a good faith belief that the disputed use of  the copyrighted material is not authorized by the copyright owner, its       agent, or the law (e.g., as a fair use).”
 

 
• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
 

 
• Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent:      

Copyright Agent,

Thalamus.org, Inc.

41 Peabody Street, NashvilleTN, 37210

12.   Third-Party Content and Materials

• You may be able to access or use third party websites, resources, content, communications or information (“Third Party Materials”) via the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon or use of any such Third Party Materials and Thalamus.org disclaims any liability that you may incur arising from access to, reliance upon or use of such Third Party Materials via the Services.

• You acknowledge and agree that Thalamus.org: (a) is not responsible for the availability or accuracy of such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance upon or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services.

13.   Miscellaneous

• These Terms, together with our Privacy Policy, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the  remaining provisions. The failure of Thalamus.org to exercise or enforce any right or provision under these Terms shall not constitute a waiver of  such right or provision. Any waiver of any right or provision by Thalamus.org must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

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14.        Contact Us

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·   If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us.

·   When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.