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Our Terms of Use

WhatTheyThink is a web site providing a service (called the "Service" hereafter) to keep you informed about business news in your community. The Service is operated by WhatTheyThink. By using the Service, you are agreeing to be bound by these Terms of Use.

Please read these Terms of Use carefully before registering or using the Service If you do not accept these Terms of Use you may not use the Service.

Terms of Use are subject to change by WhatTheyThink at any time. We provide notice when the latest changes occurred — see the "Effective Date" on the bottom of this page. Your continued use after such notice will constitute acceptance by you of such changes.

Use of the Service

You may use this Service solely for personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. The Service is for informational purposes.

The Service contains information on businesses, establishments, public services and other third parties, as well as news, feature articles, images, video, audio and other materials.

The Service may provide you with other ways to access and use such information and materials — for instance, we give you the option to receive our emails and notification on social networking services.

WhatTheyThink makes no guaranty that such information is accurate and your use of the information we provide is at your own risk. You agree that WhatTheyThink is not liable for inaccurate, incomplete, outdated or missing information on the Service. If you think something looks inaccurate or incomplete, please let us know.

Registration

Most features of the site can be used without registration (ie, signing up with a email address and password). however, in order to access some aspects of the Service you may need to provide your email address (ie, signing up with a email newsletter) or register for an account.

Content License

WhatTheyThink provides methods to share and submit news, photos videos, text, and other information ("Content"). When you do this you hereby grant WhatTheyThink a perpetual license to use, redact, republish, copy, perform and distribute your Content, including any intellectual property contained therein without payment or compensation to you and without seeking any further approval from you. We may further use your name, likeness, publicly accessible biographical data and any other information in connection with such use of the Content. You acknowledge that our use of your Content may include licensing such Content to third parties and/or using such Content for advertising purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use.

Acceptable Use Policy

WhatTheyThink expects all of its users to be respectful of others when using the Service. If you notice any violation of this Acceptable Use Policy or other unacceptable behavior by any user, please report it to help@whattheythink.com.

You are solely responsible for the content that you post on the Service or transmit to other users (ie, leaving a comment). By using the Service, you agree that you will not hold WhatTheyThink responsible or liable for any Content from other users that you access on the Service.

Without limitation, you agree that you will not post or transmit to other users anything that contains content that:

  • for which you do not have written authority from the owner of such materials to post on the Service;
  • is defamatory, abusive, obscene, profane or offensive;
  • is threatening, harassing or that promotes racism, bigotry, hatred against any group or individual;
  • promotes or encourages violence or physical harm;
  • violates any party's right of publicity or right of privacy;
  • infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials)
  • is inaccurate, false or misleading in any way;
  • is illegal or promotes any illegal activities;
  • contains any advertising, promotional materials, "spam," or any other form of solicitation.

We do our best to keep tabs on what is posted on the site, however WhatTheyThink is under no obligation to screen or monitor Content, but may review user content from time to time at its sole discretion to determine compliance with this Acceptable Use Policy. CEO will make all determinations as to what Content is appropriate at its sole discretion. We may include, edit or remove any content at any time without notice.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

Our Proprietary Rights

WhatTheyThink or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by WhatTheyThink.

Termination of Access

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Links and Third Party Content

In order to provide you with as much relevant information as possible, the Service may contain links to other web sites not maintained by us. The links may include listings that provide you with further information, or links that have been included in materials uploaded to the Service by a party other than WhatTheyThink. We are not responsible for the practices or the content of such other web sites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.

No Warranties

THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by you for your use of the Service during the prior twelve (12) months or (ii) ten dollars ($10).

Indemnity

We can't be held responsible if you disregard our Terms. You agree to defend, indemnify and hold harmless WhatTheyThink, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by WhatTheyThink) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Governing Law

The laws of the State of Kentucky shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAYETTE COUNTY, KENTUCKY FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to WhatTheyThink within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.

If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. 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;

3. 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;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please let us know about copyright issues by sending all DMCA notices to our designated agent as follows:

WhatTheyThink
ATTN: DMCA Officer
PO Box 12350
Lexington, KY 40582
Email: copyright@whattheythink.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.

Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Contact Information

If you have any questions or comments about our Terms of Use or anything else, you may contact us at help@whattheythink.com.

Effective Date: These Terms of Use were last updated on May 1, 2011.

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