Terms of Use - Thinknear by Telenav | Location-based Mobile Advertising Solutions

Thinknear® Website

Terms of Use

Please read these Website Terms of Use ("Terms") carefully which provides the terms and conditions of use for services delivered through www.thinknear.com (the "Site"), the Thinknear dashboard, or otherwise (collectively "Services"). If you do not accept these Terms, do not use the Site or Services. Using the Site or Services indicates that you accept these Terms.

Last updated: November 14, 2014

GENERAL

The Site is owned and operated by Thinknear a division of Telenav, Inc. (“Telenav”).  We reserve the right to revise or remove any part of these Terms in our sole discretion at any time and without prior notice to you by updating this posting. You thus should visit this page periodically for changes. The Site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to the Site. If you disagree with the Terms, your sole remedy is to discontinue your use of the Site or Services. Your continued use of the Site or Services after a change has been posted on the Site constitutes your acceptance of those changes. Your use of the Site and Services are subject to Telenav's privacy policy, available www.telenav.com/legal/policies.html.

SITE SECURITY

You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

OTHER PROHIBITED ACTIVITIES

In using the Site, you must also not: Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind; Misrepresent your identity or affiliation in any way; Violate any applicable laws or regulations; or Assist or permit any persons in engaging in any of the activities described above.

USER-SUBMITTED INFORMATION

You must exercise caution, good sense and sound judgment in using the Site or Services. You are responsible for any material you transmit to or through the Site or applicable Services, including Services through connectivity to another application or mobile device in the course of your use of Services. You agree, represent and warrant that any information you transmit to or through the Site or applicable Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such information. Certain information submitted by you is subject to our privacy policy, available www.telenav.com/legal/policies.html. We may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.

UNSOLICITED IDEAS

We do not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any such material to or through the Site or Services that you consider to be confidential or proprietary. Any such material that you transmit to or through the Site or Services will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in our privacy policy, you give us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. You further agree that we have the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through the Site or applicable Services.

COPYRIGHT

The material made available at the Site is protected by copyright. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at the Site except the "home page" www.thinknear.com, must be obtained in advance. Requests for such authorization should be submitted via an email to support@thinknear.com. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to us. In the event you download software from the Site or applicable Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except to the extent permitted by applicable law and on giving prior written notice of such activities.

TRADEMARKS

All trademarks, service marks, logos and trade names on the Site or in connection with applicable Services, whether registered or unregistered, are proprietary to us or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

LINKS TO OTHER WEBSITES

As you view the Site, you may notice links to third party websites. These links are for convenience only. If you use these links, you will leave the Site. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third party website. In addition, providing links to these websites should not be interpreted as endorsement or approval of the organizations sponsoring such third party websites or their products or services. These Terms do not apply to any other websites.

JURISDICTIONAL ISSUES

The Site is controlled and operated by us from our offices within the State of California, United States of America. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from jurisdictions where the contents of the Site are illegal or penalized is prohibited. Software from the Site is further subject to United States export controls. No information or software from the Site may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

We may terminate your use of the Site or any of our Services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from the Site and Services, and all copies thereof. The provisions of these Terms concerning Site security, prohibited activity, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, governing law and jurisdiction shall survive any such termination. Disclaimer. The materials in the Site and Services are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make it available are free of viruses or other harmful components. We do not make any representations or warranties regarding the use or the results of the use of the materials in the Site or Services in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the materials in the Site or Services, even if Thinknear, Telenav or a Thinknear or Telenav 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 exclusion may not apply to you.

INDEMNITY

You agree to indemnify, defend and hold Thinknear, Telenav, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with the Site or Services.

CHILDREN

This website is a general audience site, although it contains information that may be of interest to children. However, we do not seek through this website or Services to gather personal information from or about persons under the age of 13.

OTHER

These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing. If you have any questions regarding the terms of this Agreement, please contact Thinknear by sending an email to support@thinknear.com, by writing to Thinknear by Telenav, 950 DeGuigne Dr., Sunnyvale, CA 94085.

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