We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at http://store.thinkofliving.com/st-tou.do.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that ThinkOfLiving Store does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ThinkOfLiving Store site and Content available through the Service may contain links to other websites, which are completely independent of ThinkOfLiving Store. ThinkOfLiving Store makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ThinkOfLiving Store be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ThinkOfLiving Store does not pre-screen or approve Content, but that ThinkOfLiving Store shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
The ThinkOfLiving Store site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of ThinkOfLiving Store, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that ThinkOfLiving Store shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ThinkOfLiving Store is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ThinkOfLiving Store, its managements, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
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 notify ThinkOfLiving Store’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at email@example.com.
Please provide our Agent with the following Notice:
ThinkOfLiving Store will carefully evaluate your notice and remove the infringing posting(s), subject to the procedures outlined in Thai law.
Your use of the ThinkOfLiving Store website or the Service signifies acknowledgement of and agreement that ThinkOfLiving Store may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of ThinkOfLiving Store, its users or the general public.
You agree not to post, email, or otherwise make available Content:
Additionally, you agree not to:
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others ,however, not a property sales agent. To moderate demands on ThinkOfLiving Store's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from ThinkOfLiving Store. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from ThinkOfLiving Store.
You understand and agree that sending unsolicited email advertisements to ThinkOfLiving Store email addresses or through ThinkOfLiving Store computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Thailand. Any unauthorized use of ThinkOfLiving Store computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
You acknowledge that ThinkOfLiving Store may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that ThinkOfLiving Store has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ThinkOfLiving Store reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that ThinkOfLiving Store shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ThinkOfLiving Store grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
ThinkOfLiving Store permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by ThinkOfLiving Store to do so. You may create a hyperlink to the home page of ThinkOfLiving Store sites so long as the link does not portray ThinkOfLiving Store, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
ThinkOfLiving Store offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. ThinkOfLiving Store permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to 'ThinkOfLiving Store' as the source, (d) your use or display does not suggest that ThinkOfLiving Store promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden ThinkOfLiving Store’s systems. ThinkOfLiving Store serves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by ThinkOfLiving Store immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from ThinkOfLiving Store.
You agree that ThinkOfLiving Store, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ThinkOfLiving Store believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ThinkOfLiving Store shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of ThinkOfLiving Store. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of ThinkOfLiving Store, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. ThinkOfLiving Store is a registered mark in the Thai Trademark Office.
Although ThinkOfLiving Store does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ThinkOfLiving Store an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant ThinkOfLiving Store all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
YOU AGREE THAT USE OF THE THINK OF LIVING STORE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE THINK OF LIVING STORE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THINK OF LIVING STORE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE THINK OF LIVING STORE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THINK OF LIVING STORE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THINK OF LIVING STORE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE THINK OF LIVING STORE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THINK OF LIVING STORE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THINK OF LIVING STORE SITE OR THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL THINK OF LIVING STORE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY ASPECT OF YOUR USE OF THE THINK OF LIVING STORE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE THINK OF LIVING STORE SITE OR THE SERVICE, FROM INABILITY TO USE THE THINK OF LIVING STORE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THINK OF LIVING STORE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THINK OF LIVING STORE SITE OR THE SERVICE OR ANY LINKS ON THE THINK OF LIVING STORE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THINK OF LIVING STORE SITE OR THE SERVICE OR ANY LINKS ON THE THINK OF LIVING STORE SITE. THESE DAMAGES SHALL INCLUDE, BUT NOT BE LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT THINK OF LIVING STORE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold ThinkOfLiving Store, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOU constitute the entire agreement between you and ThinkOfLiving Store and govern your use of the Service, superceding any prior agreements between you and ThinkOfLiving Store. The TOU and the relationship between you and ThinkOfLiving Store shall be governed by the laws of Thailand without regard to its conflict of law provisions. You and ThinkOfLiving Store agree to submit to the personal and exclusive jurisdiction of the courts located within Thailand. The failure of ThinkOfLiving Store to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to firstname.lastname@example.org
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.