Terms of Service

These Terms of Service (“Agreement”) applies to your use of all websites owned, controlled, operated in partnership with or hosted (whether now or in the future) by ThinkFun Inc. (“ThinkFun”) and its online partners, including but not limited to puzzles.com and webgames.com: and all related applications and services (collectively the “ThinkFun Sites”). It covers ThinkFun Services, ThinkFun Content, and ThinkFun Activities.

By joining the ThinkFun Sites and pressing the “I ACCEPT” button, you’re agreeing to abide by the Terms of Service described below. We’ve created these rules and guidelines to protect you and to ensure that becoming a member and participating in our website is fun and safe for everyone.

Please read these Terms of Service carefully before using this ThinkFun website. If you are not agreeable to these Terms of Service, please do not use the ThinkFun Sites.

WHO MAY ACCESS THIS SERVICE?

You must be 13 years or older to access or use the Service (or any part of it). If you are not an adult, meaning you are not at least the legal age of consent where you reside, you must have your parent or legal guardian agree to these Terms on your behalf and supervise your access to and use of the Service. If you don’t meet the foregoing requirements, you are not authorized to access or use the Service.

WHAT ARE LEGAL NOTICES AND TERMS OF SALE?

This Agreement sets forth certain terms and conditions of the legal contract between each end user ("User" or "you") and ThinkFun with respect to the use of the ThinkFun Sites, ThinkFun Services, ThinkFun Content and ThinkFun Activities, whether you are an unregistered visitor ("Visitor"), a free account holder ("Registered User"), or a paying subscriber ("Member"). By using any of the ThinkFun Sites or ThinkFun Services, User agrees to be also bound by the ThinkFun Privacy Policy. In addition, if User makes any purchases on or through any of the ThinkFun Sites, User agrees to be also bound by the ThinkFun Terms of Sale (click here)

Use of ThinkFun Content

You acknowledge that this website may contain puzzle challenges, information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by ThinkFun and its partner companies. You agree and acknowledge that, notwithstanding that ThinkFun permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. In addition to ThinkFun and its licensors’ Rights in individual elements of the Content, ThinkFun owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit any of the Content, in whole or in part except for personal or classroom educational purposes. No other use may be made of the content without the express written permission of ThinkFun.

Use of User Content

You agree that you intend to play puzzle challenges that will generate scores and leaderboard postings, and that you may also upload content to ThinkFun web sites and software applications, or otherwise transmit on or through this website (“User Content”). Only content that is not subject to any Rights, or content in which any holder of Rights has given express authorization for distribution on the Internet is allowed to be posted on the ThinkFun Sites. By using any features on this website which allow you to post text, photos, graphics or other data ("Content"), you agree that you will not use such features to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that ThinkFun may not screen Content, but that ThinkFun shall have the right (but not the obligation) in their sole discretion to refuse or move any Content. ThinkFun shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms.

By submitting User Content or Content to any "Public Area" (e.g. leaderboards, public chat rooms, bulletin boards, discussion groups) you automatically grant, or warrant that the owner of such Content and User Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content or User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content or User Content to ThinkFun.

You acknowledge and agree that ThinkFun may disclose Content and User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content or User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ThinkFun, the users of this website, and the public.

User Conduct

All of the ThinkFun Sites, ThinkFun Content, ThinkFun Services and ThinkFun Activities are solely for your personal use, and corporate or commercial use is expressly prohibited. You may not authorize others to use your account with ThinkFun, including profile or email address. You are solely responsible for all User Content posted or distributed by you or through your account with ThinkFun, including any email messages, and for all your interactions with other Users.

User agrees to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, User agrees not to: (a) violate any applicable law or regulation, (b) submit any materials that conflict with any of User’s representations and warranties set forth in this Agreement, (c) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity and/or contractual rights, (d) use any content or information available on the ThinkFun Sites or through the ThinkFun Services for any unauthorized purpose, (e) interfere with or damage any of the ThinkFun Sites or ThinkFun Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) use any of the ThinkFun Sites or ThinkFun Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or account numbers, or any defamatory materials of any kind, except where User has obtained express permission from such other person or entity in connection with any of the foregoing, (g) use any of the ThinkFun Sites or ThinkFun Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements, (h) "stalk" or harass any other user of the ThinkFun Sites or ThinkFun Services, (i) collect or store any information about any other user other than in the course of the permitted use of the ThinkFun Sites and ThinkFun Services, (j) use any of the ThinkFun Sites or ThinkFun Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell or otherwise exploit any product or service), (k) sell or otherwise transfer any User information (e.g., user profiles) or other user’s User Materials); or (l) assist any third party in doing any of the foregoing. ThinkFun may terminate the accounts and/or memberships of Users who violate the foregoing, and may prohibit them from creating new accounts with ThinkFun. For any Users who ThinkFun determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, ThinkFun will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with ThinkFun. User is solely responsible for User’s interactions with other users of the ThinkFun Services. ThinkFun will not be responsible for any damage or harm resulting from User’s interactions with other users of the ThinkFun Services. ThinkFun reserves the right, but shall have no obligation, to monitor interactions between User and other users of the ThinkFun Services and take any action in good faith to restrict access to or the availability of any material that ThinkFun or another user of the ThinkFun Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing or otherwise objectionable.

User’s ThinkFun account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in ThinkFun’s sold discretion, information provided by other ThinkFun Users may contain inaccurate, inappropriate and/or offensive material, and ThinkFun assumes no responsibility or liability for this material.

Other Terms and Conditions

Additional notices, terms, and conditions may apply to participation in a particular program or event and/or to other specific portions or features of the ThinkFun Sites, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions (as applicable).

Username and Password

A Registered User who creates a ThinkFun account will select a username and password when completing the registration process or create an account using third-party single sign-on services (e.g. Facebook Connect). Such User is solely and fully responsible for maintaining the confidentiality of his/her username and password, or third-party credentials, for accessing ThinkFun and will be solely and fully responsible for all activities that occur under that account to access the ThinkFun Sites. User agrees to: (a) immediately notify ThinkFun of any unauthorized use of User’s username and password or any other breach of security and (b) log off from account at the end of each session. ThinkFun cannot and will not be liable for any loss or damage arising from User’s failure to comply with this Section.

This Agreement shall remain in full force and effect for as long as User uses any of the ThinkFun Sites or ThinkFun Services, whether as a Visitor, Registered User or Member ("Term"). User may terminate his/her free account or membership at any time, for any reason by following the instructions available in the help section (click here). ThinkFun may terminate your free account or membership at any time, for any reason, effective immediately upon sending notice to you at the email address you provide during the account set-up process, or such other email address as you may subsequently provide to ThinkFun. If ThinkFun terminates User’s free account or membership in the Service due to a breach of this Agreement, User shall not be entitled to the refund of any unused portion of membership fees (if any). Even after the free account and/or membership is terminated, this Agreement will remain in full force and effect, provided, however, that User Content submitted by User may no longer be accessible on the ThinkFun Sites once User’s account has been cancelled.

By using the ThinkFun Services and/or by becoming a Registered User and/or Member, User acknowledges that ThinkFun reserves the right to charge for the ThinkFun Services and Activities and has the right to terminate a Registered User’s account or Member’s membership should User breach this Agreement or fail to pay for the Service, as required by this Agreement. ThinkFun’s subscription fees at registration (if any) may change from time to time.

Jurisdiction

Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products available in the United States, its territories, possessions and protectorates. ThinkFun may change, add or delete programs described in this website at any time without notice. This website is controlled and operated by ThinkFun from its offices within the Commonwealth of Virginia, United States of America. ThinkFun makes no representation that materials in the website are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer

The materials in this website are provided "as is" and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, ThinkFun disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ThinkFun does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. ThinkFun does not warrant or make any representation regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. You (and not ThinkFun) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.

Feedback and Submissions

ThinkFun welcomes your feedback and suggestions about ThinkFun’s products, programs, or services or the ThinkFun Sites. By transmitting any suggestions, information, material, or other content (collectively, "feedback”) to ThinkFun, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ThinkFun and enable ThinkFun to use such feedback. In addition, any feedback received through the ThinkFun Sites will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ThinkFun to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

Links to Other Sites

ThinkFun may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by ThinkFun and are maintained by third parties over which ThinkFun exercises no control. Accordingly, ThinkFun expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

Third-Party Products/Services

ThinkFun, in its sole discretion, may post or permit the posting of advertisements of third parties on the ThinkFun Sites and/or feature materials, programs, products, and services provided by third parties. ThinkFun makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the ThinkFun Sites are solely between you and such third party. Accordingly, ThinkFun expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the ThinkFun Sites, and you agree that ThinkFun shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the ThinkFun Sites.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall ThinkFun be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if ThinkFun or a ThinkFun authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall ThinkFun’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this website.

Modification

ThinkFun reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, ThinkFun will post the changes on the ThinkFun Sites and/or notify User via email. Also, ThinkFun may ask User to review and consent to the changes at the time of User’s next account login or at the time of his/her next visit to the Site. By continuing to use any of the ThinkFun Sites or ThinkFun Services after such notice and consent, User agrees to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of User Materials.

Transfer of Assets

We may transfer information about you if we sell all or a portion of our assets, such as if we are acquired by or merged with another entity.

Governing Law

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A. as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You and ThinkFun each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the Commonwealth of Virginia for any disputes between us under or arising out of this Agreement.

Statute of Limitations

Any claim you might have against ThinkFun must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

Contact Us

If you need further assistance, please email your questions or comments to us at support@thinkfun.com, call us at 703-549-4999, or write to us at:

ThinkFun Inc.
1321 Cameron Street
Alexandria, VA 22314
Attn: A. Barthello