BestThinking is developing the Internet's most comprehensive, open access site to create, search and share content and expertise on virtually any topic. We have created the following guidelines to establish a positive, respectful environment and to comply with legal and regulatory requirements.
These Terms and Conditions of Use, and the Participation, Privacy, Copyright and Transactions Policies and Help Guides (Terms) govern your use of the www.bestthinking.com website (the Website) and constitute an agreement between you (you or your) and Best Thinking, Inc. (us, our or we).
Your use of the Website to access content such as text, information, files, references, links, designs, Blogs, Articles, Topics, Ebooks, comments, discussions, graphics, photos, multimedia works, video, music, sound and other files, and their selection and arrangement, applications, source code, software or materials of any kind (the "Content"), and/or to create, edit, submit, moderate and review Content, communicate and collaborate with Content providers, serve as an Author, Coauthor or Curator, or to otherwise participate ("Participate" or "Participation") on the Website, is conditioned upon your acceptance and continued adherence to these Terms.
You agree and understand that these Terms may be modified by us at any time without prior notice, and such modifications will be effective upon our posting of the new Terms and/or upon implementation of the changes on the Website. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms.
Both you and we acknowledge and agree that no partnership, agency, joint venture or employment relationship is formed between you and us by your Participation on the Website or by providing Content on the Website, and neither you nor we have the power or the authority to obligate or bind the other.Registration. Allowing free and open access to provide and view high-value knowledge Content is important to us. Simply viewing, reading and listening to Content on the Website does not require registration, can be done anonymously and is provided at no cost to you.
Registration is required to save preferences and advanced searches, create, edit, submit, moderate and review Content and/or Participate on the Website.
If you register as a Thinker, you get your own Thinker page, including your biography, media, credentials, prior content, Blog and discussion features. Thinkers can create, edit, submit, moderate and review Content, and/or fully Participate on the Website.
As a Thinker, you must register using your real name and contact information, and you agree that we will have the right to verify your identity. There is no charge for Thinker identity verification. While you must use your real name on the Website, you can control how much, if any, of your contact, personal and professional information is shown on the Website. There is no cost to be a Thinker.
Details about the Thinker role are available as part of the registration process located at Registration. By registering to be a Thinker, you agree the information you provide is accurate, current and complete, and that you will keep it up to date. You agree to only have one account and one Thinker page URL. You agree not to share or transfer your password or other account access information with any other party, temporarily or permanently.
Registration as a Thinker requires the use of your real identity, and you shall bear sole responsibility for all use of your account.
License for BestThinking to use submitted Content. Thinkers may provide both “shared Content” and “personal Content” to BestThinking. In addition, visitors may provide certain shared Content to BestThinking. Shared Content includes messages, chat, discussion, edits, moderation, reviews and Content related to Blogs, Articles, Topics and Ebooks created and shared on the Website. Personal Content includes a Thinker page and its Content, including biography, media, credentials, prior works, Blogs and associated discussion.
Regarding shared Content, while retaining all your rights, you grant the Website a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use the shared Content which results from your participation on the Website. We reserve the right to keep shared Content on the Website indefinitely and to allow links, feeds, searches and syndication to that Content from outside the Website.
Regarding personal Content, you retain any rights you wish to declare, including the right to remove your personal Content. Content creators who wish to leave the Website are free to use the Delete Account feature to remove the personal Content they have contributed. However, as long as your personal Content is on the Website, while retaining all your rights, you grant the Website a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use the personal Content on the Website and to allow links, feeds, searches and syndication to that personal Content from outside the Website.
You represent and warrant that the Content that you provide to us for use on the Website: (a) is owned by you, or you have the full right to provide the Content to us and grant the license in these Terms; (b) does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right; (c) does not violate any person’s right of privacy or publicity; (d) does not contain any unlawful, obscene, harassing, abusive, defamatory or libelous material; and (e) to the best of your knowledge, is accurate and complete. You also represent and warrant that your disclosure of Content to us for use on the Website is not in breach of any obligation of confidentiality that you have to any other person or organization.
Age Restrictions. Individuals under the age of 13 are prohibited from accessing the Website without verified parental consent furnished to us in accordance with the Children's Online Privacy Protection Act of 1998. You hereby represent and warrant that you are 13 years of age or older. Since we do not collect personal information from anyone under 18 years old, you must be 18 years old or older to register as a Thinker.
Some areas of the Website may contain material that is inappropriate for minors.
Use of Website and Content. Our goal is to provide free and open access to high-value knowledge Content. To help us do this in a meaningful way, you agree that you will not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to upload, post, email, transmit or otherwise make available any Content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable. Please be respectful of others.
The Content providers are the sole determiners of the intellectual property rights of the Content they provide.
Content providers do not give up, forgo or transfer to us or anyone else any intellectual property rights as part of providing Content on this Website. We use the conventions of Creative Commons to allow Content providers to clearly specify their intentions with regard to the intellectual property rights of the Content they provide to the Website.
However, as a catchall to prevent abuses and protect the rights of those Content providers who may wish to retain all or some of their intellectual property rights, we must begin with the position that any use of the Content is strictly prohibited, except as otherwise set forth in these Terms, and except as specifically allowed by a Thinker with respect to the Content owned by the Thinker. In other words, all Content on the Website is the proprietary property of us or the Thinkers unless expressly provided otherwise.
Subject to these Terms, and except as specifically allowed by a Thinker with respect to the Content owned by the Thinker, no Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without the prior written permission of us or the Thinker as owner of the Content.
All trademarks, logos, trade dress and service marks on the Website are trademarks or registered trademarks of us or our licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. We ask that you treat the Content found on the Website just as you would treat a book checked out at your local library. The only exception to this rule is if a specific Content provider explicitly provides additional rights (e.g., rights to make copies of the Content) on the web pages where the Content is located. You understand, and agree that, unless expressly stated, we in no way control, verify or endorse any of the information contained on or in the Website, including links, events, messages, message boards and members' published listings. The use of any data mining, automated programs, robots or similar data gathering or extraction methods to copy or remove Content from the Website is expressly prohibited.
All Content and your Participation on the Website must comply with the Participation Policy. The Participation Policy is incorporated by reference as part of these Terms.
Copyrights and the Infringement of Intellectual Property Rights. We respect the intellectual property of others, and we ask you to do the same. It is our policy not to permit Content known by us to be infringing to remain on this Website. If you believe that any Content on the Website constitutes copyright infringement, please notify us immediately of the infringing Content and provide the following information:
For your convenience, we provide a Report Copyright Infringement form for you to send the above information directly to us. Your notice of claim of copyright infringement can also be sent by directing an email or letter to the following designated copyright agent:
Thinker Media, Inc.
1251 NW Maynard Road - Suite 201
Cary, NC 27513-8703
Upon our receipt of a proper notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.
Review Systems. The Website is designed to be a trusted platform for knowledge creation and sharing with a fair system of Content review. We do our utmost to construct the review systems to minimize bias, gaming and manipulation of reviews. Any misconduct by you, including attempts to bias, game or manipulate the review of Content on the Website will result in your exclusion from the Website and the cancellation of your account, at our sole discretion.
Preservation of Materials. You acknowledge and agree that we may preserve any materials submitted or posted by you (including emails, profiles, postings or other Content) and may disclose such material if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal processes; (2) enforce Terms; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property or personal safety of the Website's users, our employees, management, owners, agents or contractors, or the public.
Links to Other Websites. The Website contains links to other websites. We will attempt to tell you when you are leaving the Website, but there may be instances when we are unable to do so. We are not responsible for the content, accuracy or opinions expressed in other websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked website on or through the Website or Content does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.
Limitations of Liability. In no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including damages for any lost profits or lost data arising from your use of the Website or Content or your Participation on the Website, even if we are aware or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to us for your use of or access to the Website and Content that caused the damages; and (b) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Indemnity. You agree to indemnify and hold us and our directors, officers, agents, contractors, partners and employees harmless from and against any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Website in violation of these Terms.
Disclaimer of Warranties. We do not warrant or covenant that the Website will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Website or Content is free of viruses or other potentially harmful components. We may also at our sole discretion modify or suspend the features, availability, operation and/or look and feel of the Website from time to time without notice to our users.
We are not responsible for any incorrect, inaccurate or misleading Content provided on the Website, including Content provided by Thinkers. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or the Content. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any person's computer related to or resulting from Participating on the Website or downloading materials in connection with the Website or the Content.
Any Content downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or Content or your Participation on the Website.
We are not responsible for the conduct, whether online or offline, of any user of the Website. The Website Content is provided "as is," and we disclaim any and all warranties, whether express or implied, including without limitation, implied warranties of title, merchantability, fitness for a particular purpose, non-infringement, or arising out of a course of performance, course of dealing, or usage of trade. We cannot guarantee and do not promise any specific results. We cannot guarantee and do not promise any specific results from use of the Website or Content or your Participation on the Website.
Controversial Content. You understand and agree that by using the Website, you may be exposed to materials that you find offensive, indecent or objectionable, and that the Website and Content may not be in accordance with the laws of your jurisdiction. You understand and acknowledge we are not responsible for the Content submitted by third parties on the Website. We do not necessarily review the Content prior to posting, and we do not endorse or edit such Content. Content on the Website, or being allowed to remain on the Website, does not necessarily reflect the opinions of Best Thinking, Inc., its owners, staff, subsidiaries, partners, or the employers or their funding agencies of the individuals contributing the Content.
Website and Content Linking and Marketing. Using automated robots, spiders or "pay-to-surf" techniques to increase traffic to the Website and any Content is strictly prohibited. However, we do actively encourage users to include links from other websites where they have blogs, articles, discussion forums and groups related to their Content on the Website.
Feedback. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to the Website relating to modifying or improving the Website and/or its processes and underlying software ("Feedback"), provided by you to us, whether solicited or unsolicited, are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you do hereby grant to us a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for twenty-five (25) years.
Special Provisions for International Use. Different countries have different regulations. We make no representations that the Content on this Website is appropriate or legally available for use in locations outside the United States. If you are accessing this Website from jurisdictions where the Content on this Website may be illegal, you are solely responsible for complying with all local laws regarding acceptable Content. By submitting any Content or information to this Website, you understand and agree that by submitting your information and Content you are transferring it from your country and submitting it to our servers in the United States.
Software Downloads and Export Controls. Software and related technologies that may be available in connection with this Website is further subject to United States export controls. No software or related technologies may be downloaded from this Website or otherwise exported or re-exported in violation of United States export laws. Downloading or using any software available from the Website is at your sole risk.
Governing Law. These Terms shall be governed by and construed in accordance with the substantive laws of the State of North Carolina, U.S.A., without reference to conflicts of laws, provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of or in connection with these Terms shall be finally settled by binding arbitration in Raleigh, North Carolina in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. We reserve the right to seek any interim, preliminary or other equitable relief from a court of competent jurisdiction as necessary to protect our rights or our property or the rights or property of our agents, suppliers and subcontractors.
In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to these Terms shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by facsimile or by first class mail, and shall be deemed effectively given upon receipt.
If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.If you do not agree to or are not able to abide by these Terms and any other agreement that you may enter into as part of becoming a Thinker, you have no right to access the Website or Content or Participate on the Website.