Category Archives: Privacy Policy & Disclaimer

Privacy Policy & Terms of Use

Privacy Policy

Thunder Treats knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Thunder Treats website, you are accepting the practices outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Thunder Treats treatment of personal information that Thunder Treats gathers when you are on the Thunder Treats website (the “Site”) and when you use Thunder Treats services (collectively the “Service”).

This policy does not apply to the practices of third parties that Thunder Treats does not own or control, or to individuals that Thunder Treats does not employ or manage.

What Personal Information About Users Does Thunder Treats Collect?

Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience.

We collect the following types of information from our users:

1. Information You Provide to Us:

  • We receive and may store any information you enter on our website or provide to us in any other way (including by connecting to Thunder Treats through a third-party service). You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes:
  • Registration: In order for you to use certain Thunder Treats services, such as submitting new articles to the Site, you must complete a registration form including your full name and email address, or connect with us through a third-party service, which will provide us with information about you from your account with that service as that service may permit.
  • Member Profile: You have the option (but are not required) to enter your full name and the URL of your blog into your member profile for public display on the Site.
  • User Content:  You may post your own stories on the Service as well as edit and comment on the stories of others (collectively your “User Content”).

2. Automatic Information:

  • We receive and store certain types of non-personally identifiable information whenever you interact with us. Thunder Treats automatically receives and records certain “traffic data” on our server logs from your browser including your IP address, Thunder Treats cookie information, and the page you requested.
  • Thunder Treats may display a counter on any page indicating the total number of times that page has been viewed. This includes member profile pages.
  • Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. Thunder Treats cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or email address is.

The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. You may choose to disable or reject cookies when using the Service, but you may not be able to access some of Thunder Treats most attractive features.

Some of our business partners may use cookies on our website (for example, advertisers). Thunder Treats has no access to or control over these cookies.

  • If you choose to provide posts from your blog via Thunder Treats, we may ask you to paste a confirmation code into the external template of your blog that communicates with us to authenticate the blog as an authorized feed and places a badge on your blog identifying you as a Thunder Treats Affiliate.

How Does Thunder Treats Use My Information?

We use your information to operate, maintain, and provide to you the features and functionality of the Service.

  • Social sharing of User Content: Thunder Treats allows other users to browse stories that you have written, edited, or commented on. This information is made available via your member profile, or within the article or history page of the story in which you performed the action on. Thunder Treats may choose to post this data on other site features in the future.
  • Profile information: Thunder Treats allows other users to browse your full name, and blog URL within your member profile should you provide this optional information.
  • Syndication: Thunder Treats allows for the RSS syndication of all of its public content within the website.
  • API: Thunder Treats may allow third parties access to all Thunder Treats data that is already publicly available through ThunderTreats.com through an application program interface that allows other programs to interact with the Site. Thunder Treats will keep passwords and blog settings private.
  • Traffic data: Thunder Treats uses traffic data, including information gathered from cookies, to help diagnose problems with our servers, analyze trends, research the market for our services, and administer the website.

Will Thunder Treats Share Any of the Information it Receives?

We will not rent nor sell your personal information to anyone. We share your personal information only as described below.

  • Providing the Thunder Treats Service:  Thunder Treats personnel may have access to user information while carrying out their duties in the normal course of Thunder Treats business.  Thunder Treats may share your personally identifiable information with third parties solely for the purpose of providing services to you.  If we do this, such third parties’ use of your information will be bound by this Privacy Policy.  We may store personal information in locations outside the direct control of Thunder Treats (for instance, on servers or databases co-located with hosting providers).
  • Third-Party Services:  If you connect with Thunder Treats through a third-party service, that service may collect certain information about your connection to Thunder Treats as specified by the third-party service’s policies.
  • Business Transfers:  As we develop our business, we may buy or sell assets or business offerings. In these types of transactions, user information is typically one of the business assets that is transferred. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.  In any such transfer of information, your user information would remain subject to the promises made in our Privacy Policy.
  • Protection of Thunder Treats and Others:  We may release personal information when we believe in good faith that release is necessary to comply with the law; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of Thunder Treats, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
  • With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to prevent the sharing of this information by opting out.

Is Information About Me Secure?

  • Your Thunder Treats account information is protected by a password for your privacy and security. You are responsible for maintaining the secrecy of your password and account information.
  • Only Thunder Treats employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
  • Thunder Treats uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Thunder Treats and you do so at your own risk. Once we receive your transmission of information, Thunder Treats makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  This information includes your User Content. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other users have copied or stored your User Content.

What Information Can I Access?

You can access your personal information on our website and correct, amend, or delete information that is inaccurate by visiting your user profile setting page.

What Choices Do I Have?

  • You can always opt not to disclose information, but then you may be unable to use certain features on our website.
  • You can choose to disable or reject cookies from the Service, but you may not then be able to access many features of Thunder Treats.
  • You can add or update certain information on pages of the Site. When you update information, however, we often maintain a copy of the unrevised information in our records.
  • You may request deletion of your Thunder Treats account by emailing us thundertreats[at]gmail[dot]com.

Can Children Use Thunder Treats Services?

You must be at least 13 years or older to register to use the Thunder Treats website. Children between the age of 13 and 18 must have parental consent to register.  Thunder Treats does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on Thunder Treats. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at thundertreats[at]gmail[dot]com.

Third Party Links and Advertisers

The Site contains links to web sites or services of third parties. Thunder Treats is not responsible for the actions of these third parties, including their privacy practices and any content posted on their web sites. We encourage you to review their privacy policies to learn more about what, why and how they collect and use personal information. Thunder Treats uses third-party advertising companies to serve our ads on the Site. These third-party advertising companies employ cookie and 1×1 pixel .gifs or web beacons to measure and improve the effectiveness of ads for their clients. To do so, these companies may use anonymous information about your visits to our website and other websites, but will not collect any information which can personally identify you or can be linked to you. This information can include: date/time of banner ad shown, the banner ad that was shown, their cookie, and the IP address. This information can also be used for online preference marketing purposes.

If you want to prevent a third-party advertiser from collecting data, currently you may either visit each ad network’s web site individually and opt out or visit the NAI gateway opt-out site to view cookies installed on your browser by various online ad networks and opt out of some or all of them. Click here for the NAI gateway opt-out site. http://networkadvertising.org/managing/opt_out.asp

This site will also allow you to review the third-party advertising companies’ privacy policies.

Changes to this Privacy Policy

Thunder Treats may amend this Privacy Policy from time to time, at our sole discretion. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Thunder Treats website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to Thunder Treats. The web pages available at www.thundertreats.com, and all linked pages (“Site”), are owned and operated by Thunder Treats (“Thunder Treats,” “we,” or “us”), and is accessed and used by you under this Terms of Use agreement (“Terms of Use”). Please read these terms of use carefully before using the Thunder Treats Site. By accessing this site or using any part of the Site or any content or services on the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services on the Site.

2. MODIFICATIONS OF TERMS OF USE

Thunder Treats reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement.  If we substantively amend the Terms of Use, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Thunder Treats provides services and content relating to the world of sports, as described more fully on the Site (the “Service”). The Service shall include, but not be limited to, any service and content Thunder Treats performs for you, as well as the offering of any materials displayed or performed on or through the Service, including but not limited to text, user comments, messages, information, data, graphics, news articles, editorials, photographs, images, illustrations, software, audio clips and video clips (collectively “Content”). Thunder Treats may alter, suspend or discontinue the Service, including any Content, for any reason, at any time, including the availability of any feature or content. Thunder Treats may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4. REGISTRATION

You can browse Thunder Treats and enjoy the Content without registering.  In order to post any Content or access certain features of the Service, you must register with Thunder Treats (which may include connecting to Thunder Treats through a third-party service) and select a password and screen name (“Thunder Treats User ID”). You may not select or use as a Thunder Treats User ID a name that is offensive, vulgar or obscene. Thunder Treats reserves the right to refuse registration of, or cancel a Thunder Treats User ID in its sole discretion. When creating your account, you must provide accurate and complete information.  You are responsible for maintaining the confidentiality of your Thunder Treats password.

You are solely responsible for the activity that occurs on your account. You must notify Thunder Treats immediately of any breach of security or unauthorized use of your account.  Although Thunder Treats will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Thunder Treats or others due to such unauthorized use. By providing Thunder Treats your email address (including by connecting to Thunder Treats through a third-party service) you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.  You may opt out or change the frequency of certain email communications from Thunder Treats by sending an email message to thundertreats[at]gmail[dot]com, with the word “No email” in the subject field.

Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.  You may not opt out of certain Service-related notices.

5. ELIGIBILITY

You may only use the Service if you are at least 13 years old, whether acting on your own behalf or as an authorized employee or representative of a corporation or other business entity. If you are at least 13 but less than 18 years old, you certify that you have a parent’s or legal guardian’s consent to use the Service and be bound by these Terms of Use.  Any registration, use or access to the Service by anyone under 13 is a violation of these Terms of Use and is strictly prohibited.  If you do not so qualify, do not attempt to register for or use the Service. The Service is provided for your personal, noncommercial use only.  You may not use the Service for commercial purposes.

6. USER CONDUCT

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Thunder Treats.

By way of example, and not as a limitation, you agree not to use the Service:

  1. to abuse, harass, threaten, impersonate, or intimidate other Thunder Treats users;
  2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, or offensive; that you know to be false, misleading, or untrue; or that otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Service;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Thunder Treats user;
  5. to create or submit unwanted email (“Spam”) to any other Thunder Treats users or any URL;
  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interefere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service;
  9. with the intention of artificially inflating or altering the ‘writer rankings’, or participating in any other organized effort that in any way artificially alters the results of Thunder Treats services.
  10. Thunder Treats may remove any Content or deactivate any Thunder Treats account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

To report Terms of Use abuse, please email: thundertreats[at]gmail[dot]com.

7. USER CONTENT

By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service (your “User Content”), you represent and warrant that you own all rights in your User Content and that any User Content you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of publicity or privacy.  Thunder Treats reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions.

For the purposes of these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Thunder Treats takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.  Thunder Treats is not responsible for any public display or misuse of your User Content.  You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Thunder Treats shall not be liable for any damages you allege to incur as a result of such User Content.

Your User Content includes, without limitation, any blog post you provide via Thunder Treats, whether by the “Add Your Blog” feature or otherwise.  If you choose to share your blog on Thunder Treats, you acknowledge that in order to authenticate you as the owner of the blog, we may require you to paste a confirmation code into the external template of your blog that authenticates the blog as an authorized feed to the Service and places a badge on your blog identifying you as a Thunder Treats Affiliate.  By pasting the confirmation code into your blog template, you consent to post your blog’s content on the Service as User Content and to display the Thunder Treats Affiliate badge on your blog.  You understand and agree that any blog post provided via the Service is subject to the User Content license set forth in these Terms of Use, and that your blog posts may have a different appearance when posted on Thunder Treats than they do on your blog.

We may provide various opportunities and programs relating to User Content on the Service (“User Content Programs”).  Some User Content Programs may require you to submit an application to participate, which Thunder Treats may approve or deny in its sole discretion.  Your use of the Service, including without limitation participation in any User Content Program, is strictly on a volunteer basis for the benefit of you and the public at large, and does not form an employer-employee relationship, partnership, or co-authorship between you and Gamedayr.  While Thunder Treats may reward you for your participation in a User Content Program, you will not receive any compensation of any type for your participation, and you acknowledge that you are participating in the program solely for your own personal benefit and desire to contribute to the program.  You acknowledge and agree that Thunder Treats does not have the right to and shall not control the manner and method in which you may create your User Content.  Any suggestions Thunder Treats may make about your User Content are only suggestions, based on our understanding of how users typically access Content and use the Service.  You are not required to implement any suggestion made by Thunder Treats regarding your User Content or to perform any requested activity or task, and you do so at your own volition and risk.  You agree that you are the sole author of your User Content, and that Thunder Treats does not participate in the creation of any of your User Content.

You are solely responsible for your interactions with other Thunder Treats Users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

8.  LICENSE GRANT

By posting any User Content, you expressly grant, and you represent and warrant that you have a right to grant, to Thunder Treats a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, transmit, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, limited, personal license to use the Service.  Thunder Treats reserves all rights not expressly granted herein in the Service and the Content.  Thunder Treats may terminate this license at any time for any reason or no reason.

9.  OUR PROPRIETARY RIGHTS

The Service and Content, and all Intellectual Property Rights related thereto, are the exclusive property of Thunder Treats and its licensors.  Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except that the foregoing does not apply to your own User Content that you legally post on the Service.  “Thunder Treats” and other Thunder Treats graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Thunder Treats protected by the laws of the United States and/or other countries or jurisdictions.  Thunder Treats trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Use of the Content or materials on the Service for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

10.  PRIVACY

We care about the privacy of our users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

11. INDEMNITY

You will indemnify and hold harmless Thunder Treats, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Service, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Gamedayr User ID, of any intellectual property or other right of any person or entity.

12. WARRANTY DISCLAIMERS

You acknowledge that Gamedayr has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Thunder Treats from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Thunder Treats makes no representations concerning any content contained in or accessed through the Service, and Thunder Treats will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS.  USE OF THE SERVICE IS AT YOUR OWN RISK.  THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, Thunder Treats, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Thunder Treats DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Thunder Treats SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Thunder Treats WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

13. LINKS

The Service may provide, or third parties may provide, links to other  websites or resources. Because Thunder Treats has no control over such sites and resources, you acknowledge and agree that Thunder Treats is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Thunder Treats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.  You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites.  We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL Thunder Treats, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF Thunder TreatsHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL Thunder Treats BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled from its facilities in the United States.  Thunder Treats makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. TERMINATION

Thunder Treats may terminate or suspend the Service in whole or in part and/or your Thunder Treats account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Service will immediately cease.

If you wish to terminate your Thunder Treats account, you may discontinue using the Service by sending an email message to thundertreats[at]gmail[dot]com with the words “Terminate account” in the subject field.

All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Thunder Treats in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Thunder Treats may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by Thunder Treats in our sole discretion. Thunder Treats reserves the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification as described in this Agreement.  Thunder Treats is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.  We recommend that you add thundertreats[at]gmail[dot]com to your email address book to help ensure you receive email notifications from us.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Thunder Treats prior written consent. Thunder Treats may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if this agreement was made within California between two residents thereof, and except for disputes submitted for arbitration pursuant to the following paragraph, the parties submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that these Terms of Use, together with any amendments and any additional agreements you may enter into with Thunder Treats in connection with the Service, constitute the complete and exclusive statement of the mutual understanding of the parties, and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use.

For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Copyright Policy

Thunder Treats requires that users of the Site respect the copyright and other intellectual property rights of all third parties. In accordance with the Digital Millennium Copyright Act (DMCA), Gamedayr will terminate, where warranted as determined in Thunder Treats sole discretion, users whom Thunder Treats believes are intentional and/or repeat infringers.

If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to Thunder Treats DMCA Agent.  To be effective, federal law requires your DMCA Notice to include the following information:

  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the material that you claim is infringing, with sufficient detail so that Thunder Treats may readily locate it.
  • Information sufficient to permit Thunder Treats to contact you such as your name, address, telephone number, and e-mail address.
  • A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.
  • The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

The DMCA Notice must be submitted to the following: thundertreats[at]gmail.[dot]