Terms of Use

TERMS OF USE

WE APPRECIATE YOUR VISITING THE HELLOTHEMATIC.COM WEBSITE. THE FOLLOWING REPRESENTS THEMATIC, INC’s TERMS AND CONDITIONS FOR WEBSITE USE, ANY USE IS CONDITIONED UPON A USER’S ACCEPTETANCE OF THESE TERMS OF USE. PLEASE READ THESE ITEMS THOROUGHLY BEFORE USING THIS WEBSITE.

The Thematic website, www.hellothematic.com, is owned and controlled by Thematic, Inc. and its subsidiaries and affiliates, (collectively, “us”, “we”, “our” or “Thematic”). By accessing or using Thematic’s websites, including www.hellothematic.com, digital destinations, or the mobile versions of such offerings, (collectively the “Website”) as a user, you represent that you have read and understood these Terms of Use (“Terms”) and agree to be bound by these Terms, together with our Privacy Policy, Copyright Policy, including those additional terms, conditions, and policies referenced herein, all which govern your access to and use of the Website and any other online features, products or services offered by Thematic (collectively “the Services”).

By using or otherwise accessing our Website, you accept and agree to be bound by these Terms. Thematic may change or otherwise modify these Terms, Website policies, restrictions, guidelines and the terms of referenced agreements herein, from time to time without notice to you. You agree to review these Terms and related items on our Website routinely to make yourself aware of any changes. Thematic may also offer new features and services through our Website, with all such new features and services to be subject to these Terms. Your continued use of the Website after such changes have been posted shall be considered your acceptance to any revised Terms and related agreements. Should you not agree to these Terms, please cease Website use immediately. You agree to comply with all rules or restrictions that are posted on the Website. The use of our Website and Services is limited to persons who are considered of legal age and that can lawfully enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services.

Intellectual Property

All intellectual properties featured on and incorporated into the Website are owned and controlled exclusively by Thematic and/or its licensors, which includes materials protected by copyright, trademark, patent laws and state and federal intellectual property laws. All trademarks, trade dress, logos, slogans, service marks and trade names, including but not limited to the “Thematic”, are trademarks or registered trademarks of Thematic. All content on the Website including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, audio, music, videos, meta data, applications, interactive features and all other content, however derived, (“Content”), is the exclusive proprietary property of Thematic and/or our licensors.

Website Use And Restrictions

As an unregistered user of our Website, your use of our Website is subject to your acceptance of the these Terms as noted herein, and you shall only have the right to preview (“Preview Right”) Content available directly from the public facing (non-registered user) offerings of our Website while browsing our Website. As a Website user, you agree that Content shall only be uploaded to the Website or otherwise provided to Thematic, or used by you, after you, have registered with our Website and agreed to our Thematic Creator Agreement, as may be modified by us from time to time, and you shall not submit any Content to our Website or Service until you have agreed to such Thematic Artist Agreement. As a Website user, you also agree not to download or otherwise reproduce, use, or copy, Content available from our Website or Services, subject to your Preview Right, until you have registered with our Website and agreed to the terms of our Thematic Creator Agreement, as amended or modified from time to time.

Unless otherwise agreed under our Thematic Creator Agreement, you agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or Content appearing on the Website, without Thematic’s prior written consent. While using our Website and/or Services as the case may be, you agree not to: i) use any data mining, robots, scraping or similar data gathering methods in connection with your use of the Website; ii) conduct any unlawful or fraudulent activity through the Website or Services; iii) upload any Content that is illegal, offensive, defamatory, menacing, harassing, or in any manner infringes, misappropriates, or violates any third party’s privacy, copyright, trademark, right of publicity or other legal right; iv) copy or download any user or registrant information or Content for the benefit or another entity or business except as permitted under the Artist Agreement or Creator Agreement; v) make any commercial use of the Website, or tools or applications provided through the Website, outside of the uses permitted under the Artist Agreement and Creator Agreement; vi) conduct any activity that consists of the employment of software viruses, spam, spyware, worms, or other automated programs for any reason; vii) solicit passwords or personal identifying information for commercial or other unauthorized purposes from Website users for spamming, phishing data scraping, spidering or other similar activities, all which are strictly prohibited; and, viii) attempt to modify, disrupt, impair, alter, or interfere with the use, features, function, maintenance, or operation of the Website and/or Services or the rights permitted any other user of the Websites or Services. Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you unless otherwise agreed under the Creator Agreement or Artist Agreement, as the case may be, where such terms are agreed to by you.

Website Use Procedures and Guidelines.

In order to access certain content on the Website and utilize our Services, you will be required to become a registered user of the Website and have a unique username and password combination (To register on the Website, as a user, you must provide your legal name, address, phone number and e-mail address, along with other information we may need to provide Services, including but not limited to Content rights related information, YouTube channel and Instagram platform information, and any other applicable information that may be required from time to time by us.  When you use the Website, you agree to abide by the procedures and guidelines for conducting and participating in transactions on the Website contained in the FAQ, and other, sections of the Website, and agree to our Privacy Policy and Copyright Policy, and Creator Agreement and Artist Agreement, as the case may be, all which are incorporated by reference into, and made part of, these Terms. The policies, procedures and guidelines contained in the FAQ sections of the Website, and otherwise provided on the Website, are included to help explain the processes and define proper Website use and prohibited practices. Thematic may change these FAQs, policies, procedures and guidelines at any time in the future, and such revised terms, including the Terms, will be effective immediately upon posting, without notice to you. It is your responsibility to regularly visit the Website to make yourself aware of any changes in the Terms and other Website content.

User ID / Password
Your user ID and password may be used only to access the Website and Services available on the Website. You are solely responsible for maintaining the security of your user ID and password and you: i) agree not to share the user ID or password that you use to access the Website with any other third party; ii) you will use your best efforts to protect the confidentiality of your user ID and password; iii) you agree that you are responsible for all actions or omissions that occur by any use of your user ID and password; and, iv) you will immediately notify us in writing in the event that you learn that you user ID and password has been compromised such that unauthorized access and/or use of the Website and/or Services is taking place by a third party. You may not register under a false or non-legal name, as such registration would be fraudulent. Fraudulent conduct is a violation of federal and state laws and may be reported to law enforcement authorities.
Monitoring
Thematic, as Website administrator, shall have the right, but not the duty, to monitor activity on the Website and content associated with the Website. This shall include but not be limited to, the investigation reported violations of these Terms and Website policies, or complaints, and take any action that it deems appropriate, which may include, but is not limited to, issuing warnings, suspending or terminating Services, denying access and/or removing any Content on the Website.
Content, Features, and Services 


All Content, features, and Services available on or through the Website, are subject to change by Thematic at any time without notice. In addition, any Content, features, and Services available on the Website may be discontinued at any time in Thematic’s sole discretion, subject to any rights granted under the Thematic Creator Agreement. The inclusion of any Content, features, or Services on this Website at a particular time does not imply or warrant that these items will continue to be available. Thematic may, in our sole discretion, terminate or otherwise limit any person’s right to use or access to our Website and/or Services for any reason, or no reason, and without notice. THEMATIC RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE WEBSITE, OR ANY PART OF IT, AT ANY TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.

Content Errors/Revisions

Thematic strives to provide up to date, accurate, and compete information and Content on the Website. Notwithstanding the foregoing, it is not possible to ensure that any website and its respective content is completely free of human or technological errors. The Website and Content may contain typographical and other mistakes, inaccuracies, or omissions, some of which may relate to Content use and availability, and some information may not be complete or current. Thematic reserves the right to correct any such errors, inaccuracies or omissions, including after Content has been coupled with creator videos, but, unless otherwise agreed by us, we have no obligation to update the information on our Website. Thematic further reserves the right to remove, change or update the Content and Website at any time without prior notice in Thematic’s sole discretion. The Website may contain certain historical information and content that is not current and is provided for your reference only.

No Endorsement of Links to Other Websites.
Any links to other websites provided through our Website and/or Service are provided solely as a convenience to you. The Website may provide links or references to other websites but Thematic has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from your use and/or interaction with the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Thematic, we do not operate, control or endorse any information, products or services on the Internet in any way. Thematic does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Website or via our Services, you do so entirely at your own risk.
Privacy

By providing personal information to Thematic via registration and/or the uploading of Content, or otherwise communicating with us, you agree that your personal information may be shared and processed in: i) the facilitation of Thematic business and the provision of Services by Thematic and any subsidiary and/or affiliate on a worldwide basis; ii) in connection with optimizing user functionality and value (e.g. metrics on relevant Content use), and, iii) in situations concerning rights management, clearance and claims of copyright and other rights infringement matters. Thematic’s Privacy Policy, which is incorporated into these Terms by reference, further describes the collection and use of information on the Website and Service.  

Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Website, Content and Services and any transactions conducted on or through the Website.
Limitation of Liability

Thematic does not warrant or represent that the Website or Services will meet your requirements or that their use will be uninterrupted, timely, secure or error free. Thematic does not warrant or represent any results or metrics may be achieved or attained by the use of our Website or Services. You expressly agree that your use, or inability to use, our Website and/or Services is undertaken at your sole risk.

Thematic makes no representations or warranties of any kind, whether express or implied, with respect to this Website, the Content, or the information available on or through it. THE WEBSITE, SERVICES, AND CONTENT, ARE PROVIDED TO WEBSITE USERS “AS IS” WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITTNESS FOR A PARTICULAR PURPOSE, OR TITLE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. YOU AGREE THAT THE FULL RISK OF LOSS WITH RESPECT TO THE QUALITY, PERFORMANCE AND USE OF THE WEBSITE, SERVICES AND CONTENT IS ASSUMED BY YOU AS A USER.


Except as otherwise provided under applicable laws, Thematic and Thematic’s corporate affiliates, and their respective directors, officers, employees, shareholders, partners, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of the Website, Content or any other Services, and specifically, Thematic shall not be liable for any direct, special, incidental, indirect, or consequential, damages, costs or losses, including but not limited to damages attributed to lost profits, business interruption, or lost data or information, that result from the use or inability to use the Website, Content or the Services, even where Thematic has been advised of the possibility of such damages, costs, or losses, whether the underlying action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise. Further, you agree that the maximum aggregate liability of Thematic for damages or otherwise, under these Terms of Use, and related in any way to your access and/or use of the Website and/or Content, shall be limited to an aggregate of one ($1) United States dollar or the amount paid by you to us, if any, for accessing our Website or using our Services, including where we have been put on notice of the possibility of and such damages. The foregoing shall not apply to the extent prohibited by applicable law. As some legal jurisdictions prohibit the limitation or exclusion of liability for incidental or consequential damages, the above limitations, as stated, may not apply to all users. As a user of the Website, you assume complete responsibility for all Website Content and Services used and your interaction with the Website.

Indemnification 


You agree to indemnify, defend and hold harmless Thematic and its respective directors, officers, employees, shareholders, partners, agents, contractors, successors and assigns of each of its parent and affiliate entities, and their respective employees, directors, officers and agents, from and against any and all claims and expenses, including attorney’s fees arising from your use of and/or access to the Website, Content and Services, including but not limited to: i) your breach of these Terms or any other agreement entered into with Thematic in connection with the use of the Website, Content, and Services and ii) your violation of any third party right including but not limited to copyright, trademark and privacy rights.

Intellectual Property Policy and Claims

Thematic takes intellectual property claims very seriously and has adopted the following procedure, in alignment with the Digital Millennium Copyright Act (DMCA), with respect to intellectual property infringement claims. Thematic is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act 17 USC 512). If you believe that your work has been copied in a way that constitutes infringement on our Website, please provide the information requested below.

To file a copyright infringement notification with Thematic, you will need to send a written correspondence that specifically includes the following items (please see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements and the provision of specific information in compliance with DCMA protocol):

-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

– Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
   
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
   
– Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
   
– A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   
– A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

A notification of claimed copyright infringement should be emailed to our Copyright Agent at  HYPERLINK “mailto:christian@hellothematic.com” christian@hellothematic.com or sent to us: Thematic, Inc. Attn: Legal/Copyright Claims at 1554 18th Street, Santa Monica, CA 90404.

Miscellaneous

By visiting this Website, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the Website, these Terms, the Services, the Content, and, the Privacy Policy, and any dispute of any sort that might arise between you and Thematic or any of our affiliates. Except where prohibited by law, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website and Services (including but not limited to the use and or licensing of Content) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Los Angeles County, California. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Los Angeles, California. Any cause of action or claim you may have with respect to Thematic, the Website, the Content, and/or Services, must be commenced within one (1) year after the claim or cause of action arises and you waive any longer statute of limitations that may be permitted by law.  These Terms may be assigned by Thematic to any third party without limitation.

Severability; Nonwaiver
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of any remaining provisions. Thematic’s failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of these Terms, will not constitute a waiver of Thematic’s right to exercise such rights or remedies or enforce such provision or any other provisions of the Terms in that or any other instance. Any waiver of any provision of the Terms by Thematic must be made in writing and signed by an authorized representative of Thematic specifically referencing the Terms and the provision to be waived.


Entire Agreement
The Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof. Notwithstanding the foregoing, these Terms are in addition to, and do not nullify, the terms of your agreement as a creator and/or artist with Thematic, under said prior referenced Thematic Artist Agreement or Thematic Creator Agreement respectively. In the case of any direct conflict between these Terms and the Thematic Artist Agreement or the Thematic Creator Agreement, the provisions of such other agreements, where entered into by you, shall control but only to extent applicable to the conflicting provisions. Paragraph headings in this Agreement are included solely for the convenience of the parties and shall not be deemed to describe, limit, modify or in any way affect the scope or interpretation of the paragraph themselves.

Privacy Policy

Information Collected

When you use our website and/or service (collectively “Applications”), Thematic collects personal information when you register with such Applications and requires that you accept the terms of this privacy policy (“Privacy Policy”). If you do not agree, please don’t access or use the Applications. You can always choose not to provide information even though it might be needed to allow Thematic to provide the services it offers. Such personal information includes, but is not limited to, any information about you that is personally identifiable and you provide, such as your name, address, email address or phone number, content uploaded, data regarding content uploaded, data regarding Applications related preferences and platform accounts, etc., and any other information that is not otherwise publicly available. We or third party providers may also collect information relating to your use of our Applications and devices, including content uses and related data, and information relating to your device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, location, and event information (such as application installations). When you facilitate a transaction for services that requires a fee, we may need your billing name and address, as well as your credit card number and expiration date, similarly when we collect any royalties on your account, we may need relevant banking and federal identification number information. Your privacy is very important to us. Unless we have your consent, we will not disclose your personally identifiable information to third parties for their marketing purposes. For the avoidance of doubt, the use of content and other data you make publicly available through our Applications (your providing access to such content and/or data through the Applications being deemed a public release) to creators and other third parties via its public broadcast or other availability on our Applications, YouTube, Instagram, or other Thematic approved platforms, and/or, your use of such content and/or other data, as the case may be, or as permitted under our Thematic Creator Agreement or Thematic Artist Agreement, shall not be considered confidential or personally identifiable information. You also acknowledge and agree that the results of our content management initiatives (e.g. analytics showing where a piece of content [music, audio, visual, audiovisual, audiovisual or otherwise] is used, by whom, how often, number of views, etc. and the associated metrics are also not considered confidential and personally identifiable information.

Cookies and Similar Technologies

Thematic automatically tracks certain information based on how you use the Applications. We employ this information to do internal research on Applications users and their demographics, interests, and behavior to better understand, provide services for, and safeguard such user’s information and experience using our Applications. We use “cookies” to help analyze our Web page flow, measure promotional effectiveness, and other customary purposes. You can always decline our cookies if your browser permits. The removal of cookies could however mean that you may not be able to use certain features of our Applications.

Use of Information

Thematic may use personal and Applications use information and data collected from users of our Applications to better deliver the services we provide and operate our business. This information may be used, for example, to provide content contributors and content users better analytics on the use of content properties uploaded, or otherwise utilized, via the Applications; measure consumer and user interest in products and services; resolve disputes; troubleshoot technical difficulties; keep users updated about online and offline offers, services, and updates; customize your experience; detect and protect us against technical problems, fraud and other unauthorized activity; enforce our Artist Agreement and Creator Agreement; among other uses. We may use user information to enhance the content and service offerings of the Applications and the efforts of those third parties working to assist our website and service offerings; customize the design and functionality of the Applications; and improve marketing and promotional efforts, among other uses.

Disclosure of Information

Pursuant to the items noted above, Thematic will not disclose any of your personally identifiable information to third parties without your consent unless required by law or to enforce laws such as intellectual property rights, copyright laws, criminal laws and fraud. As such in response to a request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we may disclose your name, city, state, telephone number, email address, user history, fraud complaints, without a subpoena, and without advance notice to you. We may disclose your name and contact details to another party that disputes a claim to any content that is registered by you with Thematic for the purpose of facilitating a settlement of that dispute.

Retention and Deletion

Thematic will not retain personal data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws and regulations. If you wish to cancel your account or request that we no longer use your information to provide you services through our Website, you may delete your account by sending notice to us to delete such account. We may retain and use your information only as necessary to comply with our legal obligations, resolve disputes, or enforce our agreements. Consistent with these requirements, we will work to delete your information in a timely manner upon your request.

Log In Items

You are responsible for all actions taken with your user ID and Password or similar security items. For your protection, we recommend that you do not disclose your password to anyone. If you still choose to share your user ID and password, or similar security items, you are responsible for all actions taken with your account.

Minors

You agree that those persons under the age of 18 are not eligible to use the Applications and that you are older than 18. We will not knowingly collect personally identifiable information from children. Where Thematic becomes aware that a registered user is under the age of 18, we will remove use our best efforts to their personally identifiable information from our files in a timely manner.

Other Websites

Our Applications may contain links to other websites for news and other information. Our Privacy Policy only applies to our Applications, and Thematic is not responsible for the privacy practices or the content of other websites that are linked to or integrated with our Applications. It is your responsibility to check the privacy policies of those websites before providing your personal information to them.

Changes to the Privacy Policy

You use of our Applications signifies your acceptance to the terms of this Privacy Policy. On occasion, as a response to updating services, the design of Applications, business offerings and related internal items, we may update the terms of this Privacy Policy at our discretion. If we need to change our policy, we will post these changes on the Applications as soon as they go into effect, with your continued use of such Applications constituting your agreement to such updated terms.

Last Updated 4/27/2018