Thinglink Terms of Use

Last updated 23 January 2012

By using the thinglink.com tagging tool for images, a service of ThingLink Oy, you are agreeing to be bound by the following terms and conditions ("Terms of Use").

I. Basic Terms
  • You are solely responsible for your conduct and any data, text, links, information, image and/or any other material ("Content") that you choose to use to annotate and display with the ThingLink tagging tool on the ThingLink service.
  • You must not annotate and/or display (i) any material protected by copyright or other intellectual property rights without the prior approval of the respective rights holder, nor (ii) any illegal or otherwise inappropriate or obscene material.
  • You may not use the ThingLink service for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content.
  • You may not use the ThingLink service for advertising third party products or services in consideration of payment or other compensation or benefit in any form, unless you have subscribed to a Premium Plan that entitles you to do so, or you receive a separate prior written consent from ThingLink.
  • You must not create or submit unwanted tags ("Spam") to any images.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • You must not provide us or any other users of the ThingLink service any false or misleading information.
  • Use of the ThingLink service by you shall not be fraudulent nor involve the display of counterfeit or stolen items.

You understand and agree that ThingLink cannot be responsible for the Content posted on its website or third party websites by using the ThingLink service, that you may be exposed to illegal or otherwise inappropriate or obscene material even if such Content is prohibited by these Terms of Use and that you use the ThingLink service at your own risk.

Should you violate these Terms of Use, you are no longer entitled to use the ThingLink service and ThingLink is entitled to take any appropriate actions to prevent you from using the service.

II. General Conditions

We reserve the right to modify the ThingLink service for any reason, and we will inform on our website about any substantial changes in the service.

We reserve the right to alter these Terms of Use at any time. You agree that such alteration will be effective upon posting on our website and you will be bound to any such alterations when you use the ThingLink service after such alteration is posted. It is therefore important that you review these Terms of Use regularly to ensure that you are updated regarding any such alterations. The ThingLink service is protected by copyright, trademark, trade secrets and other intellectual property rights of ThingLink Oy and you agree to use it only in accordance with these Terms of Use.

We claim no intellectual property rights over the material you provide to the ThingLink service. Your materials remain yours. However, unless and until otherwise expressly informed by you, you grant ThingLink a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of, such material solely on the ThingLink service. You must read, agree with and accept all of the terms and conditions contained in these Terms of Use before you may use the ThingLink service. By using the ThingLink service, you are deemed to have read, agreed with and accepted these Terms of Use.

III. User Eligibility

Our services are available to people of all ages, but children under thirteen are advised to use this service under the supervision of their parents or guardians. If you are using the ThingLink service as a business entity, you represent that you have the authority to bind the entity to these Terms of Use.

IV. Fees and Services

Using of the basic ThingLink service is free.

ThingLink can, at its sole discretion, make available various levels of premium plans (“Premium Plans”) to which you can sign-up for. We believe having various levels of Premium Plans will ensure that all users will be able to use the Service in accordance with their needs. For descriptions of the Premium Plans currently available, please see the ThingLink Website (“Website”).

Premium Plans can be made available for a fee at ThingLink’s sole discretion. The current price lists are available on the Website for each Premium Plans (“Price List”). If you subscribe to a Premium Plan, the applicable price will be clearly stated to you before subscribing.

ThingLink reserves the right to modify the Premium Plans and change prices from time to time by (i) posting the new Premium Plan descriptions and/or prices on the Website and (ii) sending current Premium Plans subscribers an email notice of the new terms, at the latest thirty (30) days prior to the changes becoming effective. If you have a Premium Plan and do not agree to the new price or other material change in the Premium Plans, you can terminate your Premium Plan without having to pay the new price by cancelling your subscription via the Service.

V. Release

In the event that you have a dispute with one or more ThingLink users, you release ThingLink (and our employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

VI. Removal of Content

We may, but have no obligation to, remove Content from the ThingLink service that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates these Terms of Use.

We review all claims of copyright or other intellectual property right infringements received and remove the Content (including the tags created with the ThingLink tagging tool) from the ThingLink service if such Content is deemed to have been annotated or displayed in violation of any such laws. To make a claim, please provide us with the following:

  • A description of the work protected by copyright or other intellectual property right and claimed to have been infringed.
  • A description of the infringing Content and information reasonably sufficient to enable us to locate the infringing Content.
  • Your contact information, including your address, telephone number and email address.
  • A statement by you that you have, without results, requested the provider of the infringing Content to cease the infringing activity or that you have not been able to identify the provider of the infringing Content.
  • A statement by you that you have a good faith belief that the use of the infringing Content in the manner complained of is not authorized by the rights owner, its agent or by law.
  • A statement by you that the information in the notification is accurate and that you are the owner of the infringed copyright or other intellectual property right or the person authorized to act on his/her behalf.
  • Your signature.

The above claims can be sent to abuse@thinglink.com.

VII. Third party content

The ThingLink service may include content developed by third parties, including but not limited to custom tags and content from third party websites incorporated to images via the custom tags (“Third Party Content”). ThingLink accepts no liability for any errors, omissions or other deficiencies in such Third Party Content. Third Party Content can be subject to its own terms of use, which you need to comply with in order to use such Third Party Content.

VIII. Privacy in non-personal browsing and site usage

Information that we collect

When you use the ThingLink service, our servers (which may be hosted by a third party service provider) may collect information indirectly and automatically (through, for example, the use of your "IP address") about your activities while visiting the websites, including the web pages you view and the times you view them and information about the browser you are using. We do not link browsing information to any personal information you may submit to us; we use this browsing information for internal purposes such as to help us understand how the websites are being used and to improve it, and for systems administration purposes. An IP address is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP address probably varies from session to session.

We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your personal information (if any) on computers located in USA or EU that are protected by physical as well as technological security devices. By using the ThingLink service, you give ThingLink Oy a consent to store, process and transfer your personal information (if any) outside of your country of residence within USA or EU. If you object to your personal information (if any) being transferred or used in this way please do not use the ThingLink service.

IX. No Warranty

We, our officers, directors, employees, and our suppliers provide our website and services on an “as is” and “as available” basis. WE DO NOT MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OF THE THINGLINK SERVICE OR ANY THIRD PARTY CONTENT, TO THE GREATEST EXTENT PERMITTED BY LAW.

X. Liability Limitation

IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OF DAMAGE, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE), TO THE GREATEST EXTENT PERMITTED BY LAW.

XI. Indemnity

You agree to indemnify and hold ThingLink (and our directors, employees or partners) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

XII. Resolution of Disputes and Applicable Law

Our goal is to make you happy by providing a service for identifying and linking things in images. In the event a dispute arises between you and ThingLink, please email ThingLink at info@thinglink.com, and we will work quickly towards a solution. Should we not be able to solve such a dispute amicably in due course, such disputes shall be resolved in the first instance exclusively in the District Court of Helsinki, Finland. These Terms of Use shall be subject to the laws of Finland, excluding its choice of law provisions.