Thirst

The Thirst Labs, Inc. (“Thirst Labs”) websites (collectively, the “Website”), all other products and services, including mobile applications, owned, controlled or offered by Thirst Labs, and all content offered as part thereof, are collectively referred to herein as the “Services.” Subscribers, account holders, customers, users, and others who download, access, use and/or subscribe to the Services (“you”) agree to the following terms and conditions (the “Terms of Service”). These Terms of Service govern your use of the Services and are a condition to your use of the Services.

BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITE, AND THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY) FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THE APPLICABLE GUIDELINES AND/OR THE APPLICABLE END USER LICENSE AGREEMENT (IF ANY), THEN PLEASE DO NOT USE THE SERVICES.

ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 18 YEARS OR OLDER. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS OF SERVICE FOR THE BENEFIT OF ANYONE UNDER 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT PERSON’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES

Thirst Labs reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Service at any time and without prior notice. If Thirst Labs amends this Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

Please refer to the Privacy Policy, available at www.thirst.co/privacy and the Cookies Policy, available at www.thirst.co/cookies for information and notices about how Thirst Labs collects, uses and shares your personally identifiable information in connection with the Services.

In order to use certain features of the Services, you may have to register and create an account with Thirst Labs (your “Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Thirst Labs). Thirst Labs reserves the right to suspend or terminate your Account at any time and shall incur no liability for such suspension or termination.

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the Services to find material on the Internet, you instruct Thirst Labs to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Thirst Labs disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials or User Content (defined below) via the Services. You acknowledge and agree that Thirst Labs: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials or third party services (including any SNS) does not imply any endorsement by Thirst Labs of Third Party Materials or any such third party service or endorsement by any such third party service of Thirst Labs.

These Terms of Service do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials except as expressly permitted by these Terms of Service and as authorized by Thirst Labs, and the owners of such Third Party Materials may have the right to seek damages against you for any unauthorized use of their Third Party Materials.

The Services are owned by Thirst Labs and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Thirst Labs and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by Thirst Labs or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Thirst Labs or its third party licensors without the appropriate owner’s prior written consent.

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is made accessible by Thirst Labs from publicly available sources, some of the content is provided by Thirst Labs or its affiliates, and other Content is provided by persons who use the Services (“Users”), such as Users’ comments or shares on the Services, opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums as well as files uploaded onto the Website and made public.

Thirst Labs grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Thirst Labs. All rights not expressly granted in this Terms of Service are expressly reserved for Thirst Labs.

While Thirst Labs strives to keep the Content accurate, complete, and up-to-date, Thirst Labs cannot and does not guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Thirst Labs or its affiliates or by Users. Thirst Labs does not have any obligation to prescreen, edit, or remove any Content that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Thirst Labs. Thirst Labs does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.

As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Thirst Labs to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Thirst Labs and/or grant Thirst Labs access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Thirst Labs to pay any fees or making Thirst Labs subject to any usage limitations imposed by such third party service providers. By granting Thirst Labs access to any Third Party Accounts, you understand that (i) Thirst Labs may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Thirst Labs may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Thirst Labs’ access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Thirst Labs Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Thirst Labs makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Thirst Labs is not responsible for any SNS Content.

You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer. [At your request made via e-mail to support@thirstlabs.com , Thirst Labs will deactivate the connection between the Thirst Labs Services and your Third Party Account and delete any information stored on Thirst Labs’ servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.]

Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:

- Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).

- Access, tamper with, or use non-public areas of the Website, Thirst Labs’ computer systems, or the technical delivery systems of Thirst Labs’ providers; Attempt to probe, scan, or test the vulnerability of any Thirst Labs system or network or breach any security or authentication measures;

- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Thirst Labs or any of Thirst Labs’ providers or any other third party (including another User) to protect the Services;

- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Thirst Labs or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);

- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;

- Use any meta tags or other hidden text or metadata utilizing a Thirst Labs trademark, logo, URL or product name;

- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;

- Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;

- Collect or store any personally identifiable information from the Services from other Users without their express prior permission;

- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;

Thirst Labs will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. Thirst Labs may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Thirst Labs has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Thirst Labs reserves the right, at any time and without prior notice, to remove or disable access to any Content that Thirst Labs, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Services.

You are solely responsible for your interactions (including any disputes) with other Users. You understand that Thirst Labs does not in any way screen our Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information to other Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to communicate with a User offline or meet them in person. Thirst Labs reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You will cooperate fully with Thirst Labs to investigate any suspected unlawful, fraudulent or improper activity via the Services.

Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and end user licenses associated with your use of the Services, including without limitation the end user license agreement for any mobile applications at www.thirst.co/eula and in the Settings section of the application menu. Thirst Labs may modify such guidelines in its sole discretion at any time. Thirst Labs reserves the right to terminate your account and access to the Services if it determines that you have violated any such applicable guidelines.

You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Content”). By doing so, you represent and warrant to Thirst Labs that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content.

Thirst Labs makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Thirst Labs and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:

a. with respect to User Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in the Services, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and

b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Thirst Labs’ copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

3. Identification of the material that is claimed to be infringing and where it is located on the Services;

4. Information reasonably sufficient to permit Thirst Labs to contact you, such as your address, telephone number, and e-mail address;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Thirst Labs’ Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

For clarity, only DMCA notices should go to the Thirst Labs Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Thirst Labs’ customer service through support@thirstlabs.com.

Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Thirst Labs of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

Thirst Labs does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Thirst Labs will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.

If there is a dispute between you and any such third party, you understand and agree that Thirst Labs shall be under no obligation to become involved. In the event that you have a dispute with any such third party, you hereby release THIRST LABS, its 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 the Services. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS YOU MAY CHOOSE TO PURSUE USING THE SERVICES AND THIRST LABS DOES NOT WARRANT ANY HABITS LISTED ON THE SERVICES, NOR DOES IT RECOMMEND OR ENDORSE ANY PARTICULAR HABIT BY LISTING SUCH HABIT ON THE SERVICES.

YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIRST LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIRST LABS DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THIRST LABS MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. THIRST LABS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. THIRST LABS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CIRCUMSTANCES SHALL THIRST LABS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THIRST LABS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL THIRST LABS OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THIRST LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

You agree to indemnify and hold harmless Thirst Labs, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.

Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of this Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.

This Terms of Service and the resolution of any dispute related to this Terms of Service or the Services shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between Thirst Labs and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

If you have any questions or concerns with respect to this Terms of Service or the Services you may contact a representative of Thirst Labs at support@thirstlabs.com or by mail at Thirst Labs, Inc. 720 Market Street, Suite 250, San Francisco, CA 94108 USA.

THIRST LABS, INC.