Terms of Service for 7 Thank Yous

You must read and agree to this Terms of Service Agreement (“Agreement”) if you are a User of the websites, web services or apps operated by 7 Thank Yous LLC (hereafter referred to as 7 Thank Yous) or 7 Thank Yous’s video creation services made available through authorized third party websites. 7 Thank Yous’s website consists of its site located at the URL https://www.7ThankYous.com. Collectively herein, the 7 Thank Yous Services and the 7 Thank Yous website and applications will be referred to collectively as the “Site” or the “Services”.

You acknowledge that these Terms are between You and 7 Thank Yous, and not with any third party from which you obtained the Services (for example, Apple, Google or Microsoft), and such third party (called a “Provider”) is not responsible for the Services nor their content. Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. However, You agree and acknowledge that Provider is a third party beneficiary of these Terms, and that upon Your acceptance of these Terms, Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against You as a third party beneficiary thereof.

You must be 13 years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least 13 years old and you have the authority to enter into these Terms of Service.

This Terms of Service Agreement was last updated on February 8, 2021. We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.

The Services are owned and operated by 7 Thank Yous LLC, a New Jersey Corporation with a place of business at 98 Mt. Tabor Way, Ocean Grove, NJ 07756.

All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. 7 Thank Yous reserves the right to anonymously track and report a user’s activity on the website for analytical purposes.

 

Payment of Fees

7 Thank Yous charges you only once you complete the checkout sequence for your purchase of 7 Thank Yous services. 7 Thank Yous may provide you with the ability to pay the Fees through a third party service. All subscriptions paid through these third parties are subject to the third party’s Terms of Service, and we will not be responsible for anything contained therein. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site.

 

Conduct on Site

You agree to obey all applicable rules and regulations in using the Site, and agree that you are responsible for the contents of your submissions or communications through the site, including photographic content and 7 Thank Yous Videos created therefrom (collectively, “Submissions”).

You agree that you will not upload, share, or otherwise distribute any Submissions — including text, graphics, images, sounds, data, music, or other information — that:

  1. are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or impersonate another person;
  2. contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
  3. victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. constitute unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
  7. contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or
  8. are to be used for a commercial purpose of any kind.

We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or monitor Submissions. However, we have the right at our sole discretion to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

Third Party Sites and Information

Our Site may include links to other sites on the Internet, or be accessed from other sites on the Internet, that are owned and operated by online merchants and other third parties, and which may contain references to information, software, materials, products, and/or services provided by the third party. These third party sites may contain information which some people consider inappropriate or offensive. You acknowledge that these third party sites are beyond our control, and we are not responsible for the availability of, or the content located on or through, any third-party site.

 

Purchase of Products

7 Thank Yous may, from time to time, provide the ability for its users to place an order (“Order”) for products relating to 7 Thank Yous Videos, such as a USB Drive or gift box (“Products”). You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices for Products in effect when such charges are incurred. Verification of information applicable to an Order may be required prior to our acceptance of any Order. Price and availability of any Products are subject to change without notice, and our current prices can be found on the Site.

All prices are in U.S. dollars and include delivery charges within the United States. Delivery charges outside of the USA will be added to your Order. You will also be responsible for paying any applicable taxes relating to your Order. Any dates specified for delivery of any Products are intended to be an estimate only.

Title and risk of loss for any Orders pass to you upon our delivery of Products to our carrier. When you place an Order, we will not charge you until we ship the items ordered.

Any Products you Order are for your own personal use and enjoyment, and may not be distributed for commercial purposes or resold.

 

Indemnification

You agree to indemnify and hold 7 Thank Yous, and each of their respective officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or 7 Thank Yous Video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with 7 Thank Yous’s terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property, privacy, publicity, or any other right of any person or entity. 7 Thank Yous reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with 7 Thank Yous and/or the 7 Thank Yous Organizer in asserting any available defenses.

 

International Use

Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United States export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Termination of Use

We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. To the extent you have granted a license to us or to a 7 Thank Yous Organizer to use any information or files associated with your account, our deactivating/deletion of your account and/or all related information and files in your account, shall not prevent us from continuing to store and use any information or files associated with your account, nor shall it prevent the use of such information or files by the 7 Thank Yous Organizer. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

Governing Law

The laws of the state of New Jersey, USA, will apply to all matters relating to these Terms of Service. You agree to submit to the exclusive personal jurisdiction and venue of the United States District Court of New Jersey.

 

Notices

All notices to a User or to 7 Thank Yous shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of at support@7ThankYous.com, if by email, or at 7 Thank Yous, LLC, P.O. Box 7, Asbury Park, NJ 07712, USA, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account.

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

 

Miscellaneous

You agree that this Agreement may be assigned by 7 Thank Yous, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.

This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.

Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorney fees.