Thank you for your interest in Thot Of This. We invite you to access our web site and use our Service (as defined below), but please note that your invitation is subject to your review and agreement with certain terms and conditions. These terms and conditions are set forth in this document, and in certain other policies, guidelines and other terms or conditions that may be presented to you from time to time at other locations in our web sites in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our "Terms of Service"). You need not accept this requirement to agree to our Terms of Service, but if you reject our Terms of Service you do not have any right to access or use our Service. If you do access our web site and use our Service, your use shall be deemed to accept the Terms of Service and be a party to a legally binding contract with Thot Of This ("Thot Of This," "we," and sometimes "us").
Of course, you may also be required or elect to enter into a separate written agreement or click "accept" or "agree" to become a party to another contract with Thot Of This (a "Separate Agreement"), and these Terms of Service shall not be considered to supersede the specific contractual terms of the Separate Agreement. If there is any contradiction between the terms of the Separate Agreement and these Terms of Service, then the terms of the Separate Agreement shall take precedence over the contradictory terms in the Terms of Service with respect to the subject matter of such Separate Agreement. You may wish to save a copy of these Terms of Service for your records. In any event, be sure to regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted on the site, and we will indicate the date of each update at the beginning of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.

The Thot Of This Service consists of products, computer programs, services and web sites hosted or made available by Thot Of This, which you may use for capturing, organizing, searching, storing, synchronizing, recognizing, sharing and transmitting any number of typed, handwritten or imaged thots or clippings on multiple computer and network platforms, now known or hereafter developed (collectively, the "Service").

Subject to your agreement with, and the terms and conditions of, these Terms of Service, Thot Of This grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the United States. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with an account, username, password and/or an email address to access or use the Service (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and, accordingly, will be fully responsible for all activities that occur under your account. You agree to immediately notify Thot Of This of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages, tags and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, and to enable certain third parties to review Content, without obligation to any person. You agree that you are responsible for your own conduct and all conduct under your account, and all Content that you create, transmit, store or display while using the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements, and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to Thot Of This that you have the unfettered legal rights and authority to permit you to submit your Content to Thot Of This in connection with your use of the Service, and such submission and the grant to Thot Of This of the rights you grant herein in connection with Thot Of This' offering and operation of the Service does not infringe the rights of any person or third party. Please ensure that you are mindful of the legal rights of others in copyrightable works, trademarks and service marks and their individual privacy, and do not reproduce or upload or publish Content that will violate their rights or subject you to legal liability. Thot Of This cannot and will not provide you legal or other advice on these issues, but will act in accordance with applicable law and in the best interests of Thot Of This and, in its discretion, the interests of those who use the Service. There are many legal reference sites available to you on the Internet and otherwise, and we encourage you to obtain advice from a lawyer familiar with such issues if you are unsure of your rights to upload, distribute or publish any Content. By submitting to Thot Of This any ideas, suggestions, documents and/or proposals through the "Contact Us" interface or otherwise (collectively, "Contributions"), you acknowledge and agree that:

• your Contributions do not contain confidential or proprietary information;
• Thot Of This is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
• Thot Of This shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
• Thot Of This may have something similar to the Contributions already under consideration or in development;
• your Contributions automatically become the property of Thot Of This without any obligation of Thot Of This to you; and
• you are not entitled to any accounting, compensation or reimbursement of any kind from Thot Of This under any circumstances.

When you post information to the Thot Of This sites, you are granting Thot Of This permission to use and take other actions with respect to such information (as described in the Terms of Service), in order to provide Thot Of This services. We do not share, sell, rent or otherwise distribute this information to Thot Of This, except as disclosed in this Terms & Privacy. Thot Of This may share your information with others outside of Thot Of This under the following circumstances:

Cookies are small data files that a web site you visit may save on your hard drive that usually includes an anonymous unique identifier. A cookie cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your e-mail address. The Thot Of This web site uses cookies for user authentication, keeping track of your preferences, promotional campaigns that require user identification, keeping track of our audience size and traffic patterns, and in certain other cases. You can configure your browser to accept cookies, reject cookies or notify you when a cookie is being used. However, if you configure your browser to reject cookies, you may not be able to use Thot Of This products or services that require you to sign in or take advantage of all the features of Thot Of This. Thot Of This may allow third party business partners that display advertisements on some of our web pages to maintain their own cookies on your computer. These business partners do not have access to Thot Of This cookies and their use is subject to their own privacy policies.

The Thot Of This web site and services may contain links to other sites. Thot Of This is not responsible for the privacy policy or other practices employed by web sites linked to, or from, our web site nor the information or content contained therein. This privacy statement applies solely to information collected by this web site.

Open Thots are thots marked explicitly as Open. These thots are visible on publicly accessible areas of Thot Of This: the Thot Of This home page and the Thot Of This Open Thots wall. Open Thots are also available more prolificly on the internet through our social networking feeders; for Facebook connected users, Open Thots are also posted on the user's Wall unless explicity turned off in the Thot Of This account settings page. Sensitive information should not be included in Open Thots.

Thot Of This is committed to protecting the security of your information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure and as a result we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data transmission, we make all commercially reasonable efforts to ensure its security on our systems: If Thot Of This learns of a security system breach we may attempt to notify you and provide information on protective steps, if available, through the e-mail address that you supplied during registration or posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing. To request written notice of any security breach in writing, please send an e-mail with your request and mailing address to customer service .

As this Terms & Privacy policy may be updated from time to time, we will revise and display the effective date at the top of the web page. You should periodically review it to keep abreast of our plans and procedures to protect the personal information that we collect. Your continued use of the Thot Of This services constitutes your agreement to this Privacy Policy and any updates. If Thot Of This should ever sell its assets, merge with another entity or file for bankruptcy, information collected from this web site and in the operation of the services may be transferred as assets of Thot Of This.