Thalamus Terms and Conditions

This policy was last modified on Dec 15, 2015

General Terms of Use

By accessing this Web Site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to this Web Site shall be governed by the laws of California. The materials contained in this web site are protected by applicable copyright and trademark laws.

Site Terms of Use

Thalamus provides a listings database of advertising companies, including, but not limited to: web publishers, media conglomerates, advertising networks & platforms, and their online advertising offerings as well as key contacts and files. We are not in any way affiliated with any of these companies and are not a broker, or agent of any companies listed. In no way should our listings service be taken to be an endorsement of said companies and their advertising efficacy, nor are we liable for any potential advertising campaigns run with listed companies discovered through our database. We merely serve as an independent, impartial data conduit in which marketers can find relevant advertising opportunities through our discovery engine.

Eligibility of Use

Use of this Web Site is void where prohibited. This Web Site is only intended for users who are thirteen (13) years of age or older. If you are under 13 Years of Age, please do not use or access this Web Site at any time or manner, as it is in violation of these Terms of Service. By accessing this Web Site, you certify that you are 13 Years of Age or older, and that you agree to all Terms and Conditions in this agreement.

If you are using this service on behalf of an organization, company or entity (collectively named “Company”), then you represent and warrant that you are:

  • An authorized agent or representative of that Company
  • You have the permission and authority to bind the Company you represent to these Terms; and
  • You agree on behalf of the Company you represent to be bound to these Terms and Conditions

As a registered Contributor of Thalamus, you certify to only add, edit, update, and modify information on a Company that is factually accurate, and to not make modifications that do not factually represent the advertising capabilities of a Company. Any inaccurate modifications are considered to be in violation of the Terms of Service and may result in a ban from the Web Site. As a registered user and company representative, we may also use your logo for marketing purposes on our website, or other marketing materials. Also, as a registered user and contributor, you can be listed under our "Top Contributors" page for attribution purposes with links to your website or LinkedIn page.

No Endorsement of Third Party Content

This Web Site contains links and frames to other sites that are not maintained by Thalamus, Inc. Thalamus, Inc is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in our Web Site does not imply endorsement of such sites or any content, information, materials, products, or services provided by such sites. Use of any linked sites on our Web Site is at the users’ own risk.

Contributions to Thalamus

If you create, edit, modify or update any content on Thalamus, You agree to:

  • Provide accurate and up-to-date information
  • Maintain and ensure protection of your registration credentials and password
  • Be fully responsible for your registered account

By contributing or posting any content to the Web Site, including, but not limited to: making updates to advertising capabilities, adding or editing key contacts, uploading files, and making reviews (collectively known as “Your Content”), you grant Thalamus and our agents, and licensees the non-exclusive, irrevocable, royalty-free, perpetual, worldwide license, with the right to sublicense through multiple states of sublicenses, to use, reproduce, modify, display, perform, and distribute Your Content in any medium or through any form of technology, whether currently existing or that will exist in the future. You should not upload any Content in which You do not have sufficient rights to grant this license to Thalamus.

Thalamus owns all rights, title, and interests in intellectual property rights for any contributions made by any it’s employees, or Contributors, and any derivative works developed by Thalamus and the collective works and compilations in our database, including works that have incorporated Your Content.

The Thalamus database improves with every addition of content, including capabilities, reviews, key contacts, and media files, as can be sometimes submitted by Contributors or registered users not affiliated with the Company they are adding/editing. This information may be inaccurate and/or out-dated. Thalamus assumes no responsibility regarding the veracity, accuracy, or currency of the information on the Web Site. Use of such information is at your own risk.

Thalamus shall in no way be responsible for the delay in removing, or failure to remove, harmful, inaccurate, spurious, unlawful, or otherwise objectionable content from the Web Site. Thalamus bears no liability or responsibility for the deletion, or failure of deletion, of any Content contributed to and displayed on the Web Site.

Content Ownership and Intellectual Property

Thalamus owns, or has the rights to all of the Content we make available through the Web Site. You may use this information, at your own discretion and risk, either as an anonymous or registered user. You are not allowed to use the Thalamus logo unless permission is granted.

The Content of the Website include, but are not limited to: Text, Reviews, Graphics, Images, Contact Information, Files, Logos, Buttons, Designs, Icons, as well as our Codebase (Known collectively as “Thalamus Content”).

We give you the permission, as stated in these Terms of Use, to access and use the Web Site and Thalamus, Inc Content for personal use, at the behest of Thalamus. Any other use of this service not stated within these Terms of Use are strictly prohibited. This permission is revocable at any time, with or without reason, and without notice. Any unauthorized use of Thalamus Content may violate trademark, patent, copyright, or other application regulations, and is strictly prohibited.

You, or the people that give you permissions to use their content, own all of their content posted on the Web Site. We may use this content for any purpose, without notice, including in any materials, marketing or otherwise, in current or future collateral we produce. It is crucial that you understand, prior to posting content into the database, whether or not you are violating the legal rights, if any, of the owners of the original content. We may modify content at any time for clarity or to benefit users.

Thalamus, Inc claims no copyright over any of the marketing materials that are uploaded to the Web Site. We are just an intermediary system that connects marketers with advertising partners, and, in doing so uploading marketing materials can help to better represent yourself to potential buyers of your product. You, as an Advertising Partner, retain all patent, trademark, and copyright rights to any of the marketing materials and documents you upload onto the Web Site. It is your full responsibility to protect these rights.

By making any edits to the service, or uploading any contacts, reviews, or marketing collateral, you grant Thalamus, Inc a worldwide, non-exclusive, sub-licensable, royalty-free, transferable license to use, edit, remove, publicly display, modify, transmit, or display your advertising capabilities, contacts, and materials without compensation to you, including for the purposes of publicizing Thalamus, Inc. You waive any rights regarding modifications to your advertising materials or capabilities that may be detrimental to you. This license will continue even after you discontinue using the Web Site, and we at any time may re-add, modify, delete, post, or publicly display your advertising details at our sole discretion.

You also agree that you, through your use of the Web Site, will not gain any interest, title, right of any content displayed or delivered by the Web Site, nor any intellectual property rights to the marketing materials, including, but not limited to, patents, trademarks, copyrights, trade secrets, within the Content.

You attest that you have full authorization and permission to the content that you upload to the Web Site, unless you are a Contributor, in which you agree that you are editing and adding information to the database that is the best of your knowledge. As a poster of content to the database, you have license to the content that you are posting, and have the right to grant the license set forth in these Terms of Use. You also agree that the posting of your content onto the Website does not violate your Terms of Service of Privacy Policy, or any other copyrights, contractual rights, intellectual property rights, or trade secret rights (including rights that come from any individuals working for the company). You also affirm that posting of any content to the Web Site does not results in a breach of any contract between yourself and a separate third party, and agree to pay all royalties, penalties, fees or any other monies owed, for any reason as a result from posting content to the Web Site. You also acknowledge that any content or marketing materials you upload to the Web Site is non-proprietary, and not confidential.

The Thalamus, Inc Web Site contains content from Contributors, as well as representatives of companies listed in the Thalamus database. These representatives of companies are licensors and grant access to their capabilities, contacts, and material collateral for other users to view. Except as stated within these Terms of Use, you may not copy, distribute, modify, translate, publish, transmit, perform, display, broadcast, sell, or package any of the content appearing on the Thalamus, Inc Web Site unless explicitly given permission.

Accessing the Web Site

Because Thalamus wishes to protect the users of the Web Site, and the veracity and integrity of the data within our database, Thalamus does not allow you to use spiders, crawlers, or other scraping technology to electronically read and store any and all data from the Web Site or Service. Collection of any Content by such means or methods is in violation of the Terms of Service.

Thalamus reserves the right, without giving notice or reason, at any time to change, suspend, or discontinue of the Service or Web Site.

Disclaimer and Limitations of Liability

The materials and information contained on this Web Site are provided “as is”, without warranty of any kind, either expressed or implied, including without limitation any warranty for information, services, or products, provided through or in connection with our web site and any implied warranties or conditions of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement. In no event shall Thalamus, Inc or it’s service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use of or inability to use the materials contained on our web site, even if Thalamus, Inc has been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer or liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

The information and opinions expressed in reviews, capabilities, or other forums conducted on this site are not necessarily those of Thalamus, Inc or its service Providers, affiliates, associates, subsidiaries or partners and Thalamus, Inc makes no representations or warranties regarding that information or those opinions. Neither Thalamus, Inc or its service Providers, affiliates, associates, subsidiaries or partners shall be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in such reviews or forums.

Limited License

Thalamus, Inc hereby grants you a limited license to view on your computer, print, download and use any content made available on our Web Site for which a fee is not charged, for non-commercial, personal, or educational purposes only, provided that you do not modify any such content, unless you are a contributor or stated otherwise, and that you include with and display on each copy of such content all applicable notices, including a copyright notice, the URL of the document and this limited license. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content, either alone or in or with any product which you distribute, or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trade mark, trade name or other proprietary property of Thalamus, Inc or any other party who owns or has proprietary rights to the content, information and materials provided on our Web Site.

Site Term and Conditions Modifications

Thalamus, Inc may revise these terms and conditions for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by Thalamus, Inc or by other parties that have licensed their material to Thalamus, Inc. Material from this Web Site or from any other web site owned, operated, licensed or controlled by Thalamus, Inc may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose other than is stated in the Terms of Use is a violation of the copyrights and other proprietary rights held by the respective Providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.

Changes and improvements

Thalamus, Inc may make changes, improvements, alterations or amendments in and to the products, services, information and materials contained on our Web Site, including the terms and conditions of your use of this Web Site, without liability.

Jurisdictional Issues

Due to the nature of the Internet, it is not possible for Thalamus, Inc to restrict access to its web site only to those jurisdictions in which it does business. Some of all of the products and services offered on this web site may not be eligible for solicitation in your jurisdiction. If you are accessing this web site from such a jurisdiction, you should not consider anything on this site as an offer to sell or as a solicitation to the public to purchase any product or service from us. This site is for use only by persons residing in jurisdictions where such products and services may legally be sold.

Thalamus, Inc offers services and programs in many parts of the world. The web site may refer to certain services or programs that are not available worldwide. Without specifically limiting the offers made on this web site, reference to such services or programs does not imply that Thalamus, Inc intends to offer such service or programs in all countries or locations.

Unless otherwise specified, the materials contained in our web site are presented solely for the purpose of being a crowd-sourced advertising database in the United States. This site is controlled and operated by Thalamus, Inc from its offices in San Francisco, California. Thalamus, Inc makes no representation that any of the materials contained in our web site are appropriate or available for use in other locations. Those who choose to access this 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.

This agreement shall be governed by and construed in accordance with the laws of the United States and the parties hereby attorn to the jurisdiction of the courts of California. Any provisions of this agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties.

Privacy

Thalamus, Inc appreciates and respects the privacy concerns of the visitors to its web site. As a general policy, no personal information is automatically collected from customers visiting this web site. However, certain information is recorded as a matter of course by our servers in order to track the number of visitors to the web site and to help provide an enhanced online experience for the visitor. The type of information tracked by our servers includes the browser and operating system in use by the visitor and the domain name of the visitor’s Internet service Provider. Collecting this information allows Thalamus, Inc to optimize the visitor’s web site experience. E‑mail addresses and other personally identifiable data about visitors to this site are known to us only if and when voluntarily submitted by the visitor. All personal information collected by Thalamus, Inc is retained by Thalamus, Inc and not sold or otherwise provided to third parties, with the exception of sponsored advertising partner(s) and/or business partner(s) of whom we have a financial relationship with. We may also share Personally Identifiable Information (PII), such as your job role, email domain, geographic location, first name, last name initial, and any registered user behaviors with our participating advertising partner(s) through our proprietary analytics tool, and analytics email notifications. Thalamus, Inc sometimes uses email addresses and other personally identifiable information to communicate with visitors who have provided Thalamus, Inc with their email addresses for specific purposes such as receiving newsletters or other information. We may also share the captured email address and other personally identifiable information with our sponsored advertising partner(s) and/or business partner(s) if we feel there is potentially a mutually beneficial relationship that could result. Each newsletter will also contain instructions on how to discontinue receipt of the newsletter. Visitors should be aware that when they voluntarily disclose personal information on bulletin boards or in chat areas, that information can be collected and used by others and may result in unsolicited messages from other parties.

Many of our web pages place a “cookie” in the browser files of a visitor’s computer. The cookie itself does not contain any personal information. Although cookies enable us to relate a visitor’s use of our site to information that the visitor has specifically and knowingly provided, Thalamus, Inc does not do so for any sites specifically designed for and aimed at children. Thalamus, Inc believes that parents should supervise their children’s online activities and should consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental permission.

Submissions and User Conduct

By editing an ad vendors capabilities, adding/editing/removing contacts, and posting reviews, you agree to have that message along with your name posted for public viewing both here and in other promotional and advertising materials without compensation. Thalamus, Inc will attempt to post as many messages and text edits as possible, and cannot promise to post every submission. All messages and text that are posted here represent the opinions of the individuals or organizations posting those messages, and do not express the ideas or opinions of Thalamus, Inc. You may copy the posted messages for personal use, but redistribution in any way requires the permission of Thalamus, Inc. In consideration of this authorization, you agree that any copy you make of any message(s) located on this web site shall retain all copyright and other proprietary notices contained therein.

In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, in violation of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

  • You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, file, image or program which is indecent, obscene or pornographic.
  • You may not post or transmit any message, file, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trade marks or service marks used in an infringing fashion.
  • You may not interfere with other users’ use of the web site.
  • You may not post or transmit any message, file, image or program which contains viruses, worms, Trojan horses or any other contaminating or destructive agent.
  • You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intention to discourage its users from taking controversial positions or expressing vigorously what may be unpopular views; however. Thalamus, Inc reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.
  • Any information provided to Thalamus, Inc shall be provided by the submitter and received by Thalamus, Inc on a non‑confidential basis. Thalamus, Inc will only accept submissions made by registered users of Thalamus. Thalamus, Inc shall be free to use such information without limitation, restriction or obligation. All submissions, comments, ideas, and correspondence become the sole property of Thalamus, Inc.
  • You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
  • You may not use the facilities and capabilities of the web site to conduct or solicit the performance of any illegal activity or other activity which infringes the rights of others.
  • You may not post any e-mail or materials that would be considered a violation of any law. Thalamus, Inc will co‑operate fully with any law enforcement authorities or court order requesting or directing Thalamus, Inc to disclose the identity of anyone posting any such e-mail or materials.
  • You agree not to collect or harvest data or email addresses, including personal contact information of other users from the Site by electronic or other means, for the purposes of sending unsolicited emails or spam communications.

You agree to indemnify Thalamus, Inc and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable legal fees, resulting from your breach of any of the foregoing provisions.

Copyright Infringement

If you know, or have evidence of, a user that has violated our or your copyright using the Web Site, or if you believe that someone has incorrectly reported that you violated his, her, or our copyright, please inform us immediately at info [at] thalamus.co

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides copyright owners who believe that their material has been infringed upon elsewhere on the Internet the ability to enact legal action to those that have violated their copyright laws under U.S. copyright law. If you are given evidence of, or believe that your copyright on the Web Site has been infringed upon, you may send Thalamus, Inc a notice of “Notification of Copyright Infringement Claim”, requesting the said information, data, files, or key contacts to be removed, or access to it to be blocked. Please include the following information in your notification:

  • A Physical, or electronic signature of a person or agent authorized to act on behalf of the owner with the exclusive right that has allegedly been infringed upon
  • The Identification of the right claimed to have been infringed upon, or a representative list of the parts of the Web Site if multiple rights are covered in a single notification
  • Identification of the material that is being claimed to have been infringed, or the portions of the infringed upon Content that is to be removed, or access to be disabled, with enough information so we can sufficiently locate the claimed infringement in our database
  • Information sufficient that allows a representative or agent at Thalamus to contact you, such as a Telephone Number, Name, Email Address, Title, and Physical Address.
  • A written statement that you believe in good faith that the use of the material listed within the notification has not been authorized by the owner of the rights, and under penalty of perjury, that You are an authorized agent on behalf of the owner of the exclusive right that is claimed to be infringed upon

For this notification to be effective, please send to:

Thalamus, Inc 535 Mission St San Francisco, CA 94105 info [at] thalamus.co

Proprietary Rights

The Web Site and Service are hereby protected by copyright, trademark, and other laws of both the United States and foreign countries in which the Web Site is accessed. Unless expressly permitted in these Terms and Conditions of Use, You may not reproduce, modify, or prepare derivative works based on, distribute, sell, publicly display, transfer, publicly present, or otherwise use this Web Site or Service, or any portion thereof.

Submission of Ideas by Users

You agree to grant to Thalamus, Inc a non‑exclusive, royalty‑free, worldwide, perpetual license to reproduce, distribute, transmit, sublicense, create derivative works of, publicly display, publish and perform any materials and other information you submit to any public areas, chat rooms, bulletin boards, newsgroups or forums of our site(s) or which you provide by email or any other means to Thalamus, Inc and in any media now known or hereafter developed. Further, you grant to Thalamus, Inc the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Thalamus, Inc for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Thalamus, Inc.

Relationship with Thalamus

You and Thalamus have no affiliation whatsoever, other than you being an anonymous or registered user of Thalamus, and nothing in this Agreement will create any kind of joint venture, partnership, franchise, sales relationship, employment relationship, or official affiliation with Thalamus. You will have no authority or permission to accept or entertain any offers or representations on behalf of Thalamus, Inc.

Termination

Thalamus has the right to terminate your registered account, and delete any of the Content you upload at any time, for no reason whatsoever. Thalamus also can at any time prohibit your use of the Web Site, for any or no reason, at any time, with or without notice.

Contact Information

Thalamus, Inc 535 Mission St San Francisco, CA 94105 info [at] thalamus.co