1. Introduction

Use of this website (“ThumbJot”) and the services provided via it (“Service” or “Services”) are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with ThumbJot. ThumbJot is provided by ThumbCrowd Ltd, registered company 5523018, and its suppliers (”we”/”our”/”us”).

These terms and conditions with our Privacy Policy, (together the “User Agreement” or “Agreement”) form our entire agreement with you in respect of use of ThumbJot and supersede any prior agreement or arrangement with you in respect of ThumbJot. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly, unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company. The purchase of goods and services from us is subject to our Terms and Conditions of Purchase. We reserve the right to update and change the User Agreement from time to time without notice. Any new features that add to, change or improve the current Services shall be subject to the User Agreement. Continued use of the Service after any such changes shall amount to your consent to such changes. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure that you are updated as to any changes. You can check the most current version of the User Agreement at any time at: http://thumbjot.com/wp/?page_id=5

2. Availability of ThumbJot

We will endeavour to make ThumbJot available 24 hours per day without many interruptions. However, we reserve the right to make ThumbJot unavailable at any time or to restrict access to parts or all of ThumbJot without notice. Information available via ThumbJot is part of a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via ThumbJot is accurate, not-misleading, complete or up to date.

3. Use of ThumbJot

ThumbJot is designed for your personal, non-commercial use and you must not use it in any other way without our prior consent. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis.

By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your account may be terminated without warning, if we believe that you are under 14 years of age or not using the Services in accordance with the Terms of Service.

You are responsible for maintaining the security of your account and password. ThumbJot cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

As this is a free service, limited technical support is provided. We will usually try to respond to problems reported to us, but we have no obligation to respond to requests for technical support, nor to correct any reported problems.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ThumbJot, or any other ThumbCrowd service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of ThumbCrowd.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine at our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ThumbCrowd customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, text messages, or “spam” messages.

Our servers are hosted by a third party and we do endeavour to ensure that messages are backed up daily. However, you understand that we do not in any way guarantee to store your data securely nor to protect your data from loss.

You must not transmit any worms or viruses or any code of a destructive nature.

The Service is intended for storage of messages submitted by humans only, not via bots, computer programs or any automated apparatus. Only humans may open an account, not a bot or other computer program.

If your usage exceeds 100 messages/day, or significantly exceeds the average usage (as determined solely by ThumbCrowd) of other ThumbJot users, we reserve the right to immediately disable your account or throttle your message hosting until you can reduce your message rate.

ThumbCrowd does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell ThumbJot or any materials or information in ThumbJot or the structure, overall style and program code of ThumbJot without our consent. If you wish to make a request for consent, please contact webmaster at thumbcrowd dot com

4. Your Contributions

You agree to only use ThumbJot for lawful purposes and that any information that you provide in connection with, or which forms part of, ThumbJot will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

You understand that part of the Service might involve sharing of information between users. We cannot make any assurances about the information or contribution made by any other user and therefore you should exercise caution before acting or otherwise relying upon any information you obtain via ThumbJot. Sharing of information is entirely at your own risk including the possibility of users making unsolicited contact using any information that you might post or might otherwise be visible about you due to the use of the Service.

5. Links

ThumbJot includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to ThumbJot you may only do so at http://www.ThumbJot.com

6. Data Protection

It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using ThumbJot. We comply with all applicable Data Protection laws in the UK. For a description of how we use your personal data, please see our Privacy Policy .

7. Intellectual property

ThumbJot, its style and structure, and the materials and information on ThumbJot of ThumbJot are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents in ThumbJot assert their moral rights. ThumbJot is a registered trademark of ThumbCrowd Ltd.

8. Our Liability

Since a substantial part of ThumbJot is both free and available to all, it is a condition that your use of ThumbJot is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.

Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the ThumbJot for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.

Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the ThumbJot shall be limited to £50.

9. Small Print

Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.

10. Complaints

If you believe that your intellectual property or other rights are being infringed by the ThumbJot, or if you are dissatisfied with ThumbJot or any aspect of our service, in the first instance please contact jot at thumbcrowd dot com.