Terms and conditions
1. Purpose
The general conditions of use and sale of the services describe the transactions available on the entire THOT Application Service and any online public communication service that depends on it, as well as the rights and obligations of its respective Users.
Unless expressly provided otherwise, any new feature that modifies one or more existing services or any new service launched by THOT will be subject to these Conditions. Specific Conditions, those applicable to professionals, supplement these General Conditions. They are then specified during the presentation of the feature.
2. Description
The THOT Service proposes to host, store, and make accessible, from the Site or mobile applications, the publication, as an Individual or Professional (Auto-entrepreneur / Company) or Association, of announcements of requests for exchange of knowledge under four services
It thus allows the connection of "Users" offering their knowledge, knowledge, or techniques in the form of services with other users of the platform wishing to benefit from it, based mainly on geographical and research affinities. Users are the sole decision-makers of the realization of the services.
Acceptance of these General Terms and Conditions of Use of the THOT Platform by Users also constitutes acceptance of the Framework Agreement for payment services between users.
3. Use
"User" means any natural or legal person who registers on the THOT website or application and/or implements the services offered by the platform.
The quality of User implies the irrevocable and definitive acceptance of the entirety of the General Conditions of Use and any Special Conditions on the part of each of the Users. Any breach of these rules may result in the closure of the account and the immediate and future refusal of access to all or part of the Site. These conditions shall prevail over any other general or special conditions not expressly approved by Thoth.
THOT reserves the right to modify its conditions at any time.
Warning on use
The user undertakes to use the information concerning the Services mentioned only for his own needs and for the sole purposes referred to in this commitment, as well as not to develop or market the service subject to this contract or Services likely to compete with it.
The User also acknowledges that he must exercise discernment, and bear all the risks relating thereto, in the use made of the Content and when he relies on the timeliness, usefulness or completeness of this Content. Each User is warned that all information, data, texts, photographs, images, or any other information (hereinafter collectively referred to as the "CONTENT") whether made known to the public or transmitted privately, are subject to the sole responsibility of the account holder identified as having produced or issued such Content.
The User undertakes not to use the Service, in any way whatsoever, to propose offers or requests, communicate content contrary to morality or not authorized under legislative, regulatory, or contractual provisions, or infringing the rights of third parties such as, without this list being exhaustive:
- Hold, propose or solicit counterfeits within the meaning of the Intellectual Property Code transmit remarks intended to encourage, help, peddle or propagate in any way whatsoever rumors and / or violate the private nature of correspondence and therefore infringing the rights of third parties, intellectual property, privacy, image rights.
- Constitute non-compliance with provisions concerning the concealment of any illegal activity (theft, fraud, breach of trust), the illegal exercise of regulated activity or subject to authorization whatsoever, or which would be proposed in violation of selective or exclusive distribution networks. In particular, it is stressed that recourse to Thot must in no case lead them to exceed, violate, violate or infringe in any way whatsoever and for any reason whatsoever the legal rules applicable to job offers and applications subject to the provisions of the Labour Code relating to secondment contracts and temporary employment companies, or legislation on human services...;
- Carry out an activity other than one-off, within the framework of the direct needs and possibilities of the Users, and not maintain a regular and intensively practiced activity, likely to constitute an illicit practice, such as a hidden activity, tax fraud, the illegal exercise of a regulated profession, the offense of illegal lending of labor or bargaining ...
- Transmit by any means any Content that is discourteous, inappropriate, illegal, harmful, threatening, abusive, harassing, defamatory, insulting, vulgar, obscene, threatening, hateful, racist, invasive of another's privacy or otherwise objectionable.
- Transmit by any means any Content that may constitute, without limiting the following, incitement to the commission of crimes and offenses; incitement to discrimination or hatred of a person or group of persons, in particular because of their origin, their membership or not to a particular ethnic group, nation, race or religion or advocating war crimes or crimes against humanity, contrary to public order or morality; incitement to abuse and/or attack on individuals or animals; false information or falsehood; undermining the authority of justice or institutions; information relating to adoption, ongoing trial, suicide or an individual tax situation; statements inciting suicide or the carrying out of violent actions against the User himself or others; or acts endangering persons, in particular by the manufacture, transport and dissemination of messages of a violent or pornographic nature or likely to seriously undermine human dignity...;
- Forge headers or otherwise manipulate the identifier in such a way as to conceal the origin of Content transmitted via the Service.
- Upload, post, transmit by any means any Content that violates any patent, trademark, trade secret, intellectual property right or any other proprietary right belonging to others, such as in particular image rights.
- Upload, post, transmit by any means any unsolicited or unauthorized advertising or promotional material (including engaging in "spam", junk mail, chain lettering or any other form of solicitation).
- Commit acts that may jeopardize the computer security of Thoth or other Users such as hindering or disrupting the Service, servers, connected networks, recording, or transmitting files and data containing viruses or programs intended to overwrite data in memory or any other contaminating function or refuse to comply with the required conditions, procedures, general rules or regulatory provisions applicable to networks connected to the Service.
- Violate, intentionally or unintentionally, any applicable national or international law or regulation and any other rules having the force of law.
- Access third-party accounts and not access parts of the Site to which access is restricted.
- Harass in any way another or more other Users.
- Collect and store personal data relating to other Users.
The User is warned that the carrying out of transactions remunerated on a regular basis is likely to constitute a professional activity and to entail the application of Consumer Law, compulsory affiliation to a social security scheme, the payment of the land contribution of companies and social security contributions. If necessary, the User registers with the Centre for Business Formalities and the competent bodies. In case of doubt about its status, the User undertakes to contact a legal advisor to ensure full compliance with the tax and social security obligations in force. Thot cannot be held liable for non-compliance with them by the User.
4. Agreement to accept the Terms of Use
By creating a Thot account or using the Thot application whether on a mobile device, mobile application or desktop (together, the "Service"), you agree to be bound by these Terms of Use, our Privacy Policy, our Cookie Policy each incorporated by reference into this Agreement, and any terms disclosed and accepted by you if you purchase features, additional products or services we offer on the Service. If you do not agree to all the terms of this Agreement (other than the sole and limited right of certain users to opt-out), and you refuse to be bound by them, please do not use the Service.
We may make changes to this Agreement and the Service at any time. We may do this for a variety of reasons, including to reflect changes in the law or its requirements, new functions, or changes in business practices. The most current version of this Agreement will be posted in the Service section of Settings, and we suggest that you periodically review the most current version. The most recent version is the one that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which may include notifications through the Service or by email. Your continued use of the Service after the changes become effective means that you accept the revised Agreement. You agree that this Agreement supersedes any prior agreement (except as specifically provided), and governs your relationship with Thoth, including without limitation, events, agreements, and conduct that precede your acceptance of this Agreement.
5. Eligibility
By creating an account and using the Service, you represent and warrant that:
- You can enter a contract creating obligations with Thoth.
- You are not a person prohibited from using the Service under the laws or any other applicable jurisdiction, i.e., you are not subject to any other similar prohibition.
- You will comply with this Agreement and all applicable local, state, national and international laws, rules, and regulations, and
- You have never been convicted or challenged to allegations of a crime, a crime involving drug trafficking, a crime of a sexual nature or involving violence, and are not required to declare yourself as a sex offender.
6. Your Account
To use Thot, you can log in by creating your account. If you do so, you authorize us to access certain information in your account. For more information about the information, we collect from you and how we use it, please see our Privacy Policy.
You are responsible for maintaining the confidentiality of the login credentials you use to register on Thoth, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately.
Registration, User Account, Password and Security
Any User of the Thot Service undertakes, as requested in the registration form or during any other request for information necessary for the proper functioning of the service:
- To provide true, accurate, up-to-date, and complete information as requested in the form.
- To maintain and regularly update registration data to keep it true, accurate, current, and complete.
If the information provided is false, inaccurate, outdated, or incomplete, Thot would be entitled to close the account and immediately and for the future refuse access to all or part of the service. At the end of the registration procedure, each User is assigned an account name consisting of his nickname, first name, last name. The password is chosen by the user when registering. Except in circumstances in which Thoth's security measures are called into question, the User is presumed responsible for maintaining the confidentiality of the account name and password and for any actions that may be taken under the identification of the account and/or with the password. Registration implies the obligation to provide an e-mail address that will be used as a means of communication between the User and Thoth. Thot cannot be held responsible for the consequences of non-receipt of messages due to the User's failure to update the e-mail address.
The User undertakes:
- To inform Thot immediately by email of any theft or loss of his password, any unauthorized use of the account and / or password and any breach of security of which he is aware. Thot will then replace the password. The declaration of loss or theft could result in the outright destruction of the information and files stored, without any right to compensation.
- To ensure that it disconnects at the end of each session.
- Not to share, communicate or transfer to any other person the account name and password. Each profile and its ratings or comments are strictly personal, and individual to the user.
- Not to create or use accounts other than the one initially created, whether under one's own identity or that of third parties.
Failure to comply with these obligations may result in the immediate closure of the User's accounts and all associated services. Thot shall not be liable for any loss or damage arising in this case.
7. Modification of the Service and Termination
Thot strives to continuously improve the Service and to bring you additional features that you will find interesting and useful. This means that we may add new product features or enhancements at any time and likewise we may remove certain features, and if these actions do not materially affect your rights or obligations, we may not notify you before applying them. We may even suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in the "Settings" section of the Service, however you will need to manage your in-app purchases through your mobile device platform (e.g., App Store, Google Play) to avoid recurring billings.
Thot may terminate your account at any time without notice if we believe that you have violated this Agreement. After such termination, you will not be entitled to any refund of your transactions.
8. Security; your interactions with other users
Although Thot strives to encourage a respectful user experience through features such as the messaging option that allows users to communicate only if both have indicated their interest in the other, we are not responsible for the conduct of any user within or outside the Service. You agree to be cautious in all your interactions with other users, especially if you decide to interact in and out of the Service or meet in person. You should not provide your financial information (for example, your payment card or bank account information), make a transfer or send money other than through the Thot app to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THOT DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INVESTIGATE THE BACKGROUND OF ITS USERS. THOT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS.
Content control
The User is warned that Thot does not examine the Content before its dissemination and, consequently, does not guarantee the timeliness, probity, or quality of this Content. Nevertheless, Thot or any person or entity designated by the latter, reserves the right, at its sole discretion (without this being an obligation), to refuse or move any Content available via the Service. In addition, Thoth, or any person or entity designated by this company will be entitled to remove or remove any Content that violates the terms hereof or is otherwise objectionable. The User will be notified of the withdrawal and the reasons for it, in advance if possible, and in any case within 72 hours, in order to be able to submit his observations to Thoth. In addition, Thot reserves the right to refuse to process content that it deems to violate the terms hereof or otherwise objectionable. Finally, the User acknowledges and accepts that while Thot protects the Content against fraudulent access, Thot may nevertheless be required to disclose it, to comply with the laws in force or if in good faith, Thot believes that such a measure is necessary:
- In connection with legal proceedings
- To enforce the Terms of Service.
- To respond to complaints alleging infringement of the rights of third parties.
- To protect the rights or interests of Thoth, its Users, or the public.
Thot cannot be held liable in the event of a conflict or dispute relating to the content of the information communicated by Users on the Site (texts, images, photographs, logos, etc.) as long as Thot, which is only the host of the ads published on the platform by its Users, is not notified, under the conditions provided for by law, the manifestly illicit or illegal nature of the content on the site. This being specified, Thot invites Users to inform it of any possible abuse found on the site by means of the "REPORT ABUSE" button on the Thot application. It is recalled that such a report is only indicative and does not bind Thoth in any way, in particular regarding the removal of allegedly abusive or illegal content. Indeed, any notification of illegal or copyrighted content to Thot must be reported.
9. Rights granted to you by Thoth
Thot grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. The sole purpose of this license is to allow you to use and enjoy the benefits of the <u>Services designed by Thoth and authorized by this Agreement. There fore, you agree not to :
- Use the Service or any content on the Service for any commercial purpose without our written consent.
- To copy, modify, transmit, create any derivative works of, use or reproduce in any way whatsoever any media subject to copyright, any images, trademarks, trade names, service marks or any other elements of intellectual property, content, or proprietary information accessible through the Service without the prior written consent of Thoth.
- To express or imply that any of your statements are approved by Thoth.
- Use any robot, digital agent, spider, scraper, site search/retrieval application, proxy gateway or other manual or automatic device, method or process to access, extract, index, mine data or reproduce or evade in any way the navigation structure or presentation of the Service or its content.
- Use the Service in any way that could interfere with, interrupt, or harm the Service, servers or networks connected to the Service.
- Upload viruses or other malicious code or otherwise compromise the security of the Service.
- Forge any headers or otherwise manipulate identifiers to disguise the origin of any information transmitted on or through the Service.
- To copy or reproduce any part of the Service without the prior written permission of Thoth.
- Use meta tags, code or other devices containing any reference to Thoth or the Service (or any trademark, trade name, service mark, logo, or slogan of Thot) to direct any person to another website for any purpose whatsoever.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the Service, or obtain others from doing so.
- Use or develop any applications that interact with the Service or other users' Content or information without our written consent.
- To use, access or publish the programming interface of the Thot application without our written consent.
- To probe, scan or test the vulnerability of our Service or any system or network.
- To encourage or promote any activity that violates this Agreement.
The Company may investigate and engage in any legal remedies available in response to illegal and/or unauthorized uses of the Service, including termination of your account.
Any software we provide to you may automatically download and install enhancements, updates, or other new features. You can adjust these automatic downloads in your device settings
10. Rights you grant to Thot
By creating an account, you grant Thoth a worldwide, transferable, sublicensable and royalty-free license and the right to host, store, use, copy, display, reproduce, adapt, modify, publish and distribute all information that you authorize us to access from your account, as well as the information you publish, upload, display or otherwise make available (collectively, "post") on the Service or that you transmit to other users (collectively, "Content"). Thoth's license to your Content is non-exclusive, except for derivative works created using the Service, for which Thoth's license will be exclusive. For example, in the case of screenshots of the Service, containing your Content, Thoth's license would be exclusive. In addition, for Thot to prevent the use of your Content outside the Service, you authorize Thot to act on your behalf in the event of unauthorized use of your Content taken from the Service by other users or third parties. This expressly includes the power, not the obligation, to send notices. Our license to your Content is governed by your rights in accordance with applicable laws (e.g., data protection laws to the extent the Content contains personal information as defined by such laws) and exists only for the limited purpose of developing, providing, managing, and improving the Service, and for research and development of other services. You agree that any Content you place or allow us to place on the Service may be seen by other users and may be seen by anyone who views or participates in the Service (such as people who may receive Content shared by other users of Thoth).
You agree that all information you submit when creating your account is accurate and truthful and that you have the right to publish the Content on the Service and grant Thot the license.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may remove any Content, in whole or in part, if, in our sole judgment, it violates this Agreement or is likely to damage the reputation of the Service.
In any communication with our customer service representatives, you agree to be respectful and kind. If we consider your behavior towards any of our customer service representatives or other employees to be threatening or abusive at any time, we reserve the right to immediately terminate your account.
In return for the permission that Thoth grants you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertisements on the Service. By submitting suggestions or comments to Thoth about our Service, you agree that Thot may use and share such feedback for any purpose without offering you any compensation.
You agree that Thot may access, preserve and disclose the information and Content in your account if we are required to do so by law or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to any claims that any Content violates the rights of third parties; respond to your customer service requests; or protect the rights, property or personal safety of the Company or any other person.
11. Community Guidelines
By using the Service, you agree that you will not:
- Use the Service for any purpose that is unlawful or prohibited by this Agreement.
- Use the Service for malicious or malicious purposes.
- To use the Service to harm Thoth.
- Violate our Community Standards, which may be updated regularly.
- Send spam, solicit money from any users or scam them.
- Impersonate any person or entity or post any images of another person without theirpermission.
- To persecute, stalk, intimidate, attack, harass, abuse, or defame any person.
- Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contractual rights.
- Post any Content that constitutes hateful, threatening, sexually explicit or pornographic speech, inciting violence or containing nudity, graphic or gratuitous violence.
- Post content that includes racist, intolerant, hateful or encourages physical violence against a particular group or individual.
- To solicit passwords for any purpose, or personally identifiable information for commercial or illegal purposes from other users or to disseminate another person's personal information without their permission.
- Use another user's account.
- Create another account if we have already terminated your account unless you have our permission.
Thot reserves the right to investigate and/or terminate your account without refunding your purchases if you have violated this Agreement, misused the Service, or behaved in a way that Thot considers inappropriate or illegal, including in the event of actions or communications occurring outside the Service.
12. Other User Content
Although Thot reserves the right to review and remove any Content that violates this Agreement, such Content is the sole responsibility of the user posting it, and Thot cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it to us via in-app contact.
13. Purchases
In-app purchases. At any time, Thot may offer products and services for purchase ("in-app purchases") through iTunes, Google Play or other application platforms authorized by Thot (each a "Software Store"). If you choose to make in-app purchases, you will be asked to provide your Software Store account information ("your IAP Account"), and in-app purchases will be charged to your IAP Account in accordance with the terms communicated to you at the time of purchase and the terms and conditions for in-app purchases that apply to your IAP Account.
Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-renewing recurring subscription through an in-app purchase, your IAP Account will be charged for the subscription until you cancel it. After you commit to an initial subscription period, and thereafter after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period, at the price you approved when subscribing. If you do not want your subscription to renew automatically, or if you want to change or renew your subscription, you will need to log in to your IAP account and follow the instructions to cancel your subscription, even if you have deleted your account with us in another way or if you have deleted the Thot app from your device. Simply deleting your account on Thot or deleting the Thot app from your device is not enough to cancel your subscription. Thot will retain all funds debited from your IAP account until you cancel your subscription through your IAP account.
14. Notice and Procedure for Making a Claim of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
- A description of the copyrighted work that you claim has been infringed.
- A description of where the material you allege is infringing is located on the Service (and such description must be reasonably sufficient to permit us to find the allegedly infringing material).
- Your contact information, including address, telephone number and email address.
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement made by you, under penalty of perjury, that the above information included in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Thot will terminate the accounts of repeat offenders.
15. Conditions of liability
Liability of Thot
Thot is not a rental company or a temp agency, nor a dating site, nor a modeling agency nor a consulting company. Indeed, Thot's function is to host the content of advertisements posted online by Users (texts, images, etc.) and is only an electronic platform made available to its Users, to put them in contact, accompanied by services ancillary to this functionality focused on knowledge and knowledge.
In any event, Thot does not exercise any a priori control over the quality, security, or lawfulness of offers and requests, the veracity or accuracy of advertisements posted online, the ability of Users to propose transactions or the ability to benefit from or pay for these transactions.
Thot cannot guarantee that a User will conclude a transaction. Any security deposit or deposit requested, in any form whatsoever, remains the exclusive responsibility of the User who requests it.
Thot does not in any way support such a security deposit in any form whatsoever, nor the verification of the exact identity of the owner or tenant.
As Thot does not intervene in the execution of transactions between Users, they release Thot from any liability (as well as its parent company, its subsidiaries and group companies, corporate officers, directors, and employees) in the event of a dispute, claim, or any present or future damage, presumed or not, noted or not, resulting directly or indirectly from the use of the services offered by other Users through Thot.
Except in the event of proven fault against itself or one of its suppliers, Thot shall not be held liable for direct or indirect, material, or immaterial damage arising from the use of the services of another User, and in particular loss of profit, turnover, time or opportunity.
Responsibility of Users
a. Description and profile
The User is solely responsible for the proper performance of the obligation to inform of the essential characteristics of the offer or demand and, where applicable, the evaluation of the price. He is solely responsible for the description of the supply or demand.
It guarantees Thot from any claim relating to the content and form of said description. The User undertakes to carry out all validations, verifications and make all necessary clarifications so that the description and elements of the offer are faithful and do not mislead the beneficiary.
In the event of an error in the description, the elements of the offer and/or in the evaluation of the price, the User alone will assume any additional costs and no claim on his part will be admissible in this respect both to the beneficiary and to Thoth.
The User refrains, following the entry into relationship, to avail himself in bad faith with the of any subsequent modification of his profile to obtain any advantage or escape his obligations.
b. Availability and cancellation
The User who offers a good or service is solely responsible for the proper performance of the obligation to provide or deliver the object of the offer.
If an online payment has been made by the requesting User, it is not possible to cancel the transaction since the amount has been credited to the balance of the Providing User.
c. Enforcement
When Users freely agree, from the advertisements they have published on the site, on the provision of a good or service, a contract is formed between them to which Thot is in no way party. The non performance or improper performance of this contract between Users is not the responsibility of Thoth, but that of the User who has not respected the obligations arising from the agreement that has been reached with his co-contractor.
Thot plays no other role than that of intermediary for posting advertisements of offers and requests and, therefore, is neither recruiter, nor employer, nor temporary agency or temporary employment company, does not exercise any relationship of subordination regarding Users, is in no way mandated by Users to seek third parties capable of carrying out or soliciting service transactions, nor party to the contract between Users.
Users of the Site declare that they exempt Thot from any liability:
- Due to the answers or lack of response obtained following the publication of an Ad or Profile.
- Related to the selection or non-selection of a specific Advertisement
- Relating to the smooth running or result of the execution of an offer (for example the fact that a User does not appear, the quality of service, the service time ...).
- Related to the control of the quality and the progress of the execution of the offer.
- Or more broadly in the event of a conflict or dispute arising between Users.
Users are solely liable for direct or indirect, material or immaterial damage caused between them, to Thot and/or any third party and undertake in particular to indemnify Thot in the event of a claim, claim and/or award for damages to which Thot may be threatened or be subject and/or which may be pronounced against the latter, including the reasonable costs that Thot may have had to incur for the defense of its interests (procedure, advice and lawyers, etc.), since these requests, claims and/or convictions are caused, based or originating from the information communicated by Users on the Site or the making of offers in application of information communicated by Users on the Site.
Reliability of transactions and caution of Users
Thot cannot control the identity of each User and provides Users with a system of comments or ratings to enable them to evaluate the person with whom they are dealing at the end of a transaction or during it. Reciprocal scoring is mandatory at the end of a transaction. A rating is assigned to the User (from 1 to 5 stars, 5 stars being the maximum rating).
It is the weighted average of the overall evaluations obtained that we find associated with the profile of each User.
By clicking on the evaluation of a User, it is given access to the averages of the marks assigned.
Users also have the possibility to publish their comments on the Users with whom they have made their transactions.
The user rated because of a service may not delete a review or comment under any circumstances.
Users are solely responsible for their use of the site and ratings and comments and must comply with the rules of these conditions as well as the laws and regulations in force. When a User is evaluated, the rating awarded must respect rigor and integrity, and be based on no value judgment, discrimination, bias, or prejudice, physical or moral harm.
It must not be part of a false manipulation of the value of a User, in any way whatsoever. Thot pays particular attention to the credibility of the ratings assigned. Thot reserves the right to delete any review that does not comply with these rules or to suspend or simply exclude the account of the person(s) concerned.
16. Disclaimer
THOT PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, MANDATORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ANY CONTENT THEREOF), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THOT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
THOT ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. YOUR ACCESS TO ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK.
THOT ASSUMES NO RESPONSIBILITY FOR YOUR CONDUCT OR THAT OF A USER THROUGH THE SERVICE.
17. Third Party Services
The Service may contain advertisements and promotions offered by third parties as well as links to other Internet sites or resources. Thot is not responsible for the availability (or unavailability) of said websites or external resources. If you choose to interact with third parties made available through our Service, those third parties' terms will govern their relationship with you. Thot is in no way responsible for the conditions or actions of such third parties.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THOTH, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR AGGRAVATED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER ARISING DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF: (I) YOUR ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR AS A RESULT OF THE USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF THOT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THOTHOTH'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO THOT DURING THE TWENTY-FOUR (24) MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST COMMENCED SUITS, ARBITRATION OR OTHER LEGAL PROCEEDINGS AGAINST THOTH, WHETHER IN COURT OR IN EQUITY, IN ANY COURT. THE LIMITATION OF DAMAGES SET FORTH IN THE PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE REASON ON WHICH LIABILITY IS BASED (WHETHER BY OMISSION, CONTRACT, TORT, STATUTE OR OTHERWISE), (ii) REGARDLESS OF THE TYPE OF BREACH OF DUTY AND (iii) RELATES TO ALL EVENTS, THE SERVICE AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT DO NOT SERVE THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
19. Indemnification at your expense
You agree, to the extent permitted by applicable law, to indemnify, defend and hold harmless Thot, our affiliates, and their respective and our respective officers, directors, agents and employees from and against any and all claims, demands, claims, damages, losses, costs, liabilities and expenses, including attorneys' fees due to, arising out of or relating in any way to your access to or use of the Service, your Content or your violation of this Agreement.