You represent that all of the information, data and other materials you provide on this App or to Threadshift through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this App, as appropriate.
License and App Access
All content available through this App (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Threadshift, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.
Threadshift grants you a limited license to access and make personal use of this App. Unless indicated to the contrary, you may access, copy, download and print the content available on this App for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Threadshift or its licensors or content providers retain full and complete title to the content available on the App, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Threadshift’s sole discretion. Threadshift strictly prohibits any other use of any content available through the App, including but not limited to:
You are responsible for obtaining access to the App, and that access may involve third- party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the App. You may not bypass any measures that have been implemented to prevent or restrict access to this App. Any unauthorized access to the App by you (including any such access or use that involves in any way an account you may establish on the App or any device you may use to access the App) shall terminate the permission or license granted to you by Threadshift.
Threadshift reserves the right to refuse or cancel any person’s registration for this App, remove any person from this App and prohibit any person from using this App for any reason whatsoever, and to limit or terminate your access to or use of the App at any time without notice. Threadshift neither warrants nor represents that your use of the content available on this App will not infringe rights of third parties not affiliated with Threadshift. Termination of your access or use will not waive or affect any other right or relief to which Threadshift may be entitled, at law or in equity.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the App, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this App any content that:
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this App require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
This App may contain links to other websites or resources that are operated by third parties not affiliated with Threadshift. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Threadshift is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
If you provided us with your mobile phone number, you must have a text messaging- enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Threadshift but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
YOUR USE OF THIS APP IS AT YOUR SOLE RISK. THE APP AND THE MATERIALS, INFORMATION, SERVICES AND PRODUCTS ON THIS APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE APP OR ANY FEATURE OR PART THEREOF AT ANY TIME. THREADSHIFT DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APP WILL BE SECURE; THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE APP WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS APP, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE APP SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE THREADSHIFT APPS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THREADSHIFT. THREADSHIFT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APP AND/OR FOR USE OF THE THREADSHIFT MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE THREADSHIFT APPS. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE APP MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK AND THAT THE APP IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER THREADSHIFT NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“THREADSHIFT LLC”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS APP, OR ANY OTHER APP OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS APP; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR THREADSHIFT MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS), ANY MERCHANDISE CREDITS OR RETURN REFUNDS ASSOCIATED WITH YOUR THREADSHIFT MEMBERSHIP, IN EACH CASE AS MORE PARTICULARLY DESCRIBED IN YOUR TERMS OF MEMBERSHIP; (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE THREADSHIFT APPS, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE APP OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE APP; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE APP; OR (7) ANY USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THREADSHIFT LLC HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE APP, OR OBTAINED FROM A LINKED APP OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THREADSHIFT NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE APP. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THREADSHIFT IS TO DISCONTINUE YOUR USE OF THE APP.
YOU AND THREADSHIFT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
When you use the App or send emails to Threadshift, you are communicating with Threadshift electronically. You consent to receive electronically any communications related to your use of this App. Threadshift will communicate with you by email or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Threadshift intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Threadshift Apps.
App-Provided Email and Postings
The App may provide users with the ability to send email messages to other users and non-users and to post messages on the App. Threadshift is under no obligation to review any content (including any messages) posted on or sent through the App by users and assumes no responsibility or liability relating to any such content. Threadshift, in its sole discretion, may monitor, not post or remove any such content.
Access to Password Protected App Features
Access to and use of password-protected areas of the App is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Threadshift immediately. Threadshift may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this App, have been made by you unless we receive notice indicating otherwise.
Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the App are the property of Threadshift or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Threadshift or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the App without Threadshift’s express written consent. Further, you may not utilize any App content in any meta tags or any other “hidden text” techniques or technologies without Threadshift’s express written consent. All content (including any software programs) available on or through the App is protected by copyright, trademark and other applicable U.S. and foreign laws.
Claims of Intellectual Property Infringement
Threadshift respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Threadshift has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Threadshift members who are repeat copyright infringers. Threadshift may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Threadshift’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):
Threadshift’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Threadshift LLC, Legal Department
520 8th Avenue 19th FL
New York, NY 10003
Threadshift may update this contact information from time to time without notice to you. We will post the current contact information on this App.
Survival of Terms After Agreement Ends
We make no representation that information available in connection with the App is appropriate or available for use outside the United States. Those who choose to access the App from outside the United States do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Entire Agreement and Admissibility
How to Contact Us
Attn: Legal Department
520 8th Avenue 19th FL
New York, NY 10003