Just Think 2wice is pleased to provide to you its sites, software, applications, content, products and services (“Just Think 2wice Services”), which may be branded Just Think 2wice. These terms govern your use and our provision of the Just Think 2wice Services on which these terms are posted, as well as Just Think 2wice Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Just Think 2wice Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE Just Think 2wice SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
You must read and agree to these terms before using the Just Think 2wice Services. If you do not agree, you may not use the Just Think 2wice Services. These terms describe the limited basis on which the Just Think 2wice Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Just Think 2wice Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Just Think 2wice Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. Any such amendment will be effective thirty (30) days following our posting of the amendment on the Just Think 2wice Services. If you do not agree to any change to these terms, you must discontinue using the Just Think 2wice Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Just Think 2wice Services) if you fail to comply with any provision of these terms.
2. The Just Think 2wice Services
The Just Think 2wice Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Just Think 2wiceServices are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Just Think 2wice Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Just Think 2wice Services may be used or exploited in any way other than as part of the Just Think 2wice Services offered to you. You may own the physical media on which elements of the Just Think 2wice Services are delivered to you, but we retain full and complete ownership of the Just Think 2wice Services. We do not transfer title to any portion of the Just Think 2wice Services to you.
Content and Software License
If a Just Think 2wice Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Just Think 2wice Service; decompile, reverse engineer, disassemble or otherwise reduce any Just Think 2wice Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Just Think 2wice Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Just Think 2wice Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Just Think 2wice Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE Just Think 2wice SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Just Think 2wice Services
The Just Think 2wice Services are constantly evolving and will change over time. If we make a material change to the Just Think 2wice Services, we will provide you with reasonable notice and you will be entitled to terminate this contract.
Additional Restrictions on Use of the Just Think 2wice Services
We do not allow uses of the Just Think 2wice Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Just Think 2wice Service or connected network, or interfere with any person or entity’s use or enjoyment of any Just Think 2wice Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and you agree not to cheat or otherwise modify a Just Think 2wice Service or game experience to create an advantage for one user over another. Additionally, you agree not to access, monitor or copy any element of the Just Think 2wice Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Just Think 2wice Services. You agree that your access to the Just Think 2wice Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When you access the Just Think 2wice Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Just Think 2wice Services may be prohibited or restricted by your network provider and not all Just Think 2wice Services may work with your network provider or device.
Your Content and Account
User Generated Content
The Just Think 2wice Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Just Think 2wice Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Just Think 2wice Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Some Just Think 2wice Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Just Think 2wice Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.