Thankbox Website Terms of Use

Last updated: July 27, 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE.

What's in these terms?

These Term of Use set out the rules and content standards that apply when you visit this website to look around, create a Thankbox, upload content to our site, make contact with other Thankbox contributors, link to our site, or interact with our site in any other way.

Who we are and how to contact us

Thankbox.com is a website (“Site”) operated by 17 Seas Limited ("We”, “our”, “us"). We are a limited company registered in Scotland under company number SC649034 and have our registered office at 5 South Charlotte Street, Edinburgh, Scotland EH2 4AN. Our registered VAT number is GB338247390. We trade under the name Thankbox. To contact us, please email [email protected]

By using our site you accept these terms

By visiting or using our Site, you confirm that you accept these terms and agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Thankbox Terms of Service and Privacy Policy also apply to your use of our Site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our site only for lawful purposes. You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our Site.
Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.

Interactive services

We allow Thankbox creators and contributors to upload and add content to a Thankbox (“interactive service”).

We will do our best to assess any possible risks for users. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. If you become aware of any content in a Thankbox which does not comply with our content standards or which you otherwise take issue with, please contact us on [email protected].

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

By adding any content to a Thankbox, you grant us the right and license to use, share, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service. You retain any and all of your rights to any content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your content available to other users of the Service, including Thankbox recipients, who may also use your content. We carry out regular back-ups of all content and any content which is added to a Thankbox (including the identity of the creator of that content and their contact details) and subsequently deleted may be retained by us in a back-up for up to one month after it has been deleted by you.

You represent and warrant that: (i) the content is yours (you own it) or you have the right to use it and to grant us the rights and licence as provided in these Terms; and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, other intellectual property rights, contract rights or any other rights of any person.

Content standards

These content standards apply to any and all material which you contribute to our site or Thankbox (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

Comply with the law applicable in the United Kingdom and in any country from which it is posted or received.

A Contribution must not:

Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from a third party, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any third party services.

Breach of our Terms of Use

When we consider that a breach of this acceptable use policy has occurred or if we believe that any fraudulent activity has occurred, we may take such action as we deem appropriate. In addition to the actions set out below, this could include releasing your name and contact information to a Thankbox creator or recipient.

Failure to comply with these Terms of Use constitutes a material breach of our Terms and Conditions upon which you are permitted to use our Site and our Services, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site or immediate, temporary or permanent removal of a Thankbox.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities and/or professional advisors as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these Terms of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Indemnity

You agree to defend and indemnify us and our respective suppliers and any officers, directors, employees or agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature brought by a third party as a result of:

Your breach of our Terms and Conditions (including these Terms of Use);
Any fraudulent activity;
Your violation of any law or the right of any third party; and
Your use of this Site.

No Guarantees or Warranties

We offer no guarantee that this Site will operate in accordance with your expectations or will be error free. We give no express or implied warranty in respect of this Site or the website content (including, without limitation, as to its satisfactory quality, accuracy, performance, fitness for purpose or that it is up to date) and all such warranties are excluded except to the extent that their exclusion is prohibited by law.

Intellectual property rights

All intellectual property rights in this Site including any content, instructions or other documentation and the Services we provide throughout the world belong to us (or our licensors) and the rights in the Site and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to the Site or the Services other than the right to use them in accordance with these terms.

Copyright Notice

The copyright in all material on the Site is owned by us (or our licensors). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions. All our rights are reserved.

You are not permitted to: copy, scrape, publish, distribute, extract, re-utilise, or reproduce in any material form any part of this Site.

We are Not Responsible For Websites We Link To

We do not endorse nor are we responsible for the contents of websites operated by others that link to this website or that are accessible from it. Links to other websites are provided for information only. We have no control over the content of the websites linked to, and accept no responsibility for material found on them or for any loss or damage that may arise from your use of them.

Rules about Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other Site.

We reserve the right to withdraw linking permission without notice.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

Which country's laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by Scottish law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England or Wales.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.