BY USING THE THOR WEBSITE AND/OR SERVICES AND/OR INTERACTING WITH THOR, EITHER ONLINE OR OFFLINE, YOU AGREE TO BE BOUND BY THE TERMS OF THE AGREEMENT AND AGREE THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF SERVICE AND THOR'S PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD NOT, AND ARE NOT PERMITTED TO, USE THE SERVICES.
- USE OF THE SERVICES
- Scope of Service. This Agreement covers your use of the Thor Website and the Services, as applicable. The term “Services” includes all updates, upgrades, add-ons, or later versions made available to User under the Agreement.
- Limited License. In exchange for your payment of all applicable Fees, Thor hereby grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable license (“License”) to use the Services, subject to the terms and conditions of the Agreement. The License is for Your personal and non-commercial use. YOU ACKNOWLEDGE AND AGREE THAT THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT IS STRICTLY LIMITED TO ALLOW ONLY FOR YOUR PROFESSIONAL USE OF THE SERVICE. YOU MAY NOT TRANSFER, ASSIGN, OR ALLOW ANY OTHER PERSON OR ENTITY TO USE THE SERVICE FOR ANY REASON OR PURPOSE.
- Access to Thor Website. Thor reserves the right to withdraw, amend, or suspend Your access to or use of the Thor Website at any time, in Thor's sole discretion, without notice. Thor shall not be liable for any reason if the Thor Website, or any portion of the Thor Website is unavailable at any time for any period.
- Modifications to Services. The Thor Website and/or the Services may change, and their form and functionality may change without notice or liability to you. Thor shall not be liable for any reason if the Thor Website or the Services, or any portion of the Thor Website or Services are unavailable at any time for any period. Thor may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Thor Content (as defined below).
- Third-Party Services. The Thor Website and/or the Services may include functionality that allows certain kinds of interactions between the Thor Website or the Services, and service(s) offered by a third party (“Third-Party Services”). You acknowledge that Third-Party Services may be subject to terms of use or terms of service that are different from these (Thor's) Terms of Service or other terms, and you agree to comply with those terms. You further acknowledge and agree that Thor is not responsible for any Third-Party Services and Thor is not liable for the functionality or unavailability of any Third-Party Services.
- Thor Website and Services are Not Financial Advice or Investment Advice . The Thor Website and the Services are for informational purposes only. You agree that the Thor Website and the Services do NOT constitute financial advice or investment advice and is NOT a substitute for financial advice or investment advice. YOU UNDERSTAND AND AGREE THAT NO ELEMENT OF THE THOR WEBSITE OR THE SERVICE SHALL BE CONSTRUED AS FINANCIAL, LEGAL, TAX, INVESTMENT, OR OTHER RELATED ADVICE, GUIDANCE, RECOMMENDATION, OR OPINION. THOR IS NOT A FIDUCIARY TO YOU OR ANY USERS OF THE SERVICE. YOU ALONE BEAR THE RESPONSIBILITY OF EVALUATING ANY MERITS OR RISKS ASSOCIATED WITH PURCHASING THE SERVICE, USING THE SERVICE, OR MAKING ANY DECISIONS BASED ON THE SERVICE.
- Prohibited Uses. You agree not do any of the following while accessing or using the Thor Website or the Services: (a) Distribute, share, provide, disclose, make available, or allow use of the Thor Website and/or the Services to any other person or entity; (b) Reverse-engineer, decompile, disassemble, copy, duplicate, reproduce, retransmit, redistribute, disseminate, broadcast, or circulate Thor Website and/or the Services to any person or entity; (c) Modify, edit, or change the Thor Website and/or the Services in any way; (d) Create any derivative works (including, without limitation, translations, transformations, adaptations, modifications, or other recast or altered versions) based on the Thor Website and/or the Services; (e) Sell, re-sell, sublicense, assign, convey, or otherwise transfer Thor Website and/or the Services to any person or entity; (f) Submit Thor Website and/or the Services or any modified version thereof to any government agency for licensing consideration or other regulatory approval; (g) Use the name, copyrights, marks, logos, or other proprietary information of Thor and will not remove such information, or any copyright notice from Thor Website and/or the Services; (h) Allow, assist, or enable any other party or entity to do any of the restricted activities related to the Services under this Agreement; (i) Circumvent, or attempt to circumvent, any technology used by Thor or any third party to protect Thor Website and/or the Services; (j) Provide Your account, Services, or Thor Website password or credentials to any other person or use any other person's username and password; (k) Engage in “crawling” the Thor Website and/or the Services or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from Thor, the Thor Website and/or the Services; (l) Include any malicious content such as malware, Trojan horses, or viruses, or otherwise interfere with the Thor Website and/or the Services or any user's access to Thor Website and/or the Services; (m) Interfere with or in any way disrupt the Thor Website and/or the Services or the access or use of the Thor Website and/or the Services by another user, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Services or Thor's computer systems, network, usage rules, or any of Thor's security components, authentication measures or any other protection measures applicable to the Thor Website and/or the Services, or any part thereof; (n) Access or search, or attempt to access or search, the Thor Website and/or the Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Thor, unless you have been specifically permitted to do so in a separate agreement with Thor; (o) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Thor Website and/or the Services, the server on which the Thor Website and/or the Services are stored, or any server, computer or database connected to the Thor Website and/or the Services, including by soliciting passwords or personal information from any other person or by impersonating any other person or entity; (p) Use the Thor Website and/or the Services to defame another user or to make credible threats, hate speech, or otherwise degrade, shame or discriminate against another user; (q) Use the Thor Website and/or the Services in a manner that violates any applicable law or regulation; (r) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; and/or (s) To impersonate or attempt to impersonate Thor, a Thor employee, contractor, agents, licensors, suppliers, successors, another user, or any other person or entity including without limitation, by using email addresses associated with any of the foregoing.
- Limitations on Age and Consent. In order to use the Thor Website and/or the Services, You must (a) be 18 or older and (b) have the power to enter a binding contract and not be barred from doing so under any applicable laws. You also promise that any registration information that You submit to Thor is true, accurate, and complete, and You agree to keep it that way at all times.
- Passwords. Your password protects Your user account, and You are solely responsible for keeping Your password confidential and secure. You understand that you are responsible for all use and storage of Your username and password for accessing the Services. If Your username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by third parties, please notify Thor immediately and change Your password as soon as possible.
- Restrictions on Users. Each purchase of a Subscription (defined below) will be treated as a separate purchase, regardless of the date on which such purchase is made. If You, or anyone on Your behalf (using the same or a different account, e-mail address, or user credentials), purchase a Subscription on more than one occasion, no refund will be issued for such subsequent purchase.
- PRIVACY
Any information you provide to Thor or collected by Thor through your use of the Thor Website and/or the Services is subject to Thor's Privacy Policy, which governs our collection and use of Your information. You understand that by using the Thor Website and/or the Services You consent to the collection and use (as set forth in the Privacy Policy) of this information. If You are providing information about or relating to another person or entity, You represent and warrant that You are authorized to provide such information on their behalf. To access the Privacy Policy, please click here.
- CONTENT, USER CONTENT, & TRADEMARKS
- Content. In connection with Your access and use of the Thor Website and/or the Services, You may provide certain Content, or certain Content may be made available to You. For purposes of this Agreement, “Content” means a creative expression and includes, without limitation, video, audio, music, still or moving photographs, images, illustrations, animations, logos, tools, written posts, replies and comments, information, data, text, software, scripts, executable files, and graphics. Content shall not include Personal Information, as defined in the Privacy Policy.
- Ownership of Thor Services & Thor Content. You acknowledge and agree that Thor, or its licensors, are the sole and exclusive owners of the Thor Website and the Services, including any Thor Content, the features and functionality (including all information, software, text, displays, images, videos and audio, and the design selection, and arrangement thereof), and all Intellectual Property Rights related to the Services. For purposes of this Agreement, “Intellectual Property Rights” means any and all rights, title and interest, presently or hereafter owned or acquired, under or related to any and all patents, inventions, copyrights, databases, design rights, trademarks and domain names, computer software, know-how and trade secrets and any other intellectual property rights of whatever nature, in each case whether registered or unregistered and including all applications (or rights to apply) for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection that may now or in the future subsist in any part of the world. For purposes of this Agreement, “Thor Content” means all Content that Thor creates, uploads, submits, posts, and/or otherwise makes available through the Thor Website and/or the Services. You acknowledge and agree that the Thor Website and the Services, including the Thor Content, are protected by U.S. Copyright Law and other intellectual property laws and treaties. You understand that violation of these laws carries serious civil and criminal penalties. You agree that Your use of the Thor Website and the Services is strictly limited under this Agreement. You will not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Thor Website and/or the Services (including for the purpose of disguising or changing any indications of the ownership or source of any content). No right, title, or interest in or to the Thor Website and/or Services, including any Thor Content, is transferred to You, and all rights not expressly granted in writing are reserved by Thor.
- User Content. By creating, uploading, submitting, posting, or otherwise providing User Content, You grant Thor, its affiliates, service providers, and each of Thor's respective licensees, successors, and assigns, a non-exclusive, fully paid, worldwide, perpetual, irrevocable, transferable, sublicensable right to use, reproduce, modify, store, perform, display, distribute, and otherwise disclose to third parties the User Content, and any intellectual property rights included in or related to the User Content, for any purpose. User Content shall be considered non-confidential and non-proprietary. You understand and acknowledge that You are solely responsible for User Content, and You acknowledge and agree that Thor is not liable for the use or disclosure of User Content. You acknowledge and agree that Thor shall have the right to (1) remove or refuse to post any User Content for any or no reason in Thor's sole discretion, and (2) disclose Your identity or other information about You to any third party who claims that any User Content violates their rights, including their intellectual property rights or their privacy rights.
- User Content Standards. You are solely responsible for ensuring all User Content complies with the terms of this Agreement and these User Content standards. User Content shall not: (a) Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) Intentionally include inaccurate information or be likely to deceive any person; (d) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (e) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (f) Impersonate any person or misrepresent your identity or affiliation with any person or organization; (g) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising; and/or (h) Give the impression that they emanate from or are endorsed by Thor or any other person or entity, if this is not the case.
- Trademarks. In connection with the Thor Website and/or the Services, certain trademarks may be used or otherwise displayed. Thor is the owner of all rights in and to the name “Thor Strategic, LLC,” “THORSCORE,” “THOR SCORE,” and all related names, logos, product and service names, designs and slogans (“Thor Marks”). You are not permitted to use the Thor Marks, and by using the Services You do not acquire any rights in or to any of the Thor Marks. In connection with the Thor Website and/or the Services, certain Content may include the names, logos, product and service names, design, or slogans of third parties (“Third-Party Marks”). Third-Party Marks are the trademarks of their respective owners.
- FEEDBACK.
Thor welcomes and appreciates feedback and suggestions about Your experience using the Thor Website and/or the Services and ways to improve them. You understand that we might not respond to or implement feedback or suggestions, but if we do, You understand and agree that Thor may use all or any portion thereof in its sole discretion without notification or compensation to You. You acknowledge and agree that all feedback shall be considered User Content and shall be subject to the license grant set forth above. You may provide us with feedback using the contact information below.
- PAYMENTS.
In exchange for the License, You agree to pay certain applicable to the category of Services You choose to purchase (“Fees”). All fees are payable directly to Thor but may be processed using a third party payment service. You acknowledge and agree that Your payment of Fees is subject to the terms of this Agreement and any terms applicable to the third-party payment service. All Fees are non-refundable.
- MODIFICATIONS TO TERMS OF SERVICE.
Thor reserves the right, in its sole discretion, to modify these Terms of Service at any time by posting a revised version through the Thor Website with an updated date. For changes that Thor determines to be significant, Thor will provide a banner notification on the Thor Website, where practical. You are responsible for reviewing and becoming familiar with any modifications to these Terms of Service. Modifications are effective when posted, and Your use of the Thor Website and/or the Services following any such posted modification and notice of same constitutes Your acceptance of the terms and conditions of these Terms of Service as modified.
- SUBSCRIPTION TERM AND TERMINATION
- Term. Your right to use the Services shall continue for as long as You pay the applicable Fees (“Subscription”). Your Subscription shall have an initial term of one (1) year, starting from the date of first payment of the applicable Fees (“Initial Term”). Your Subscription shall automatically renew for subsequent one (1) year terms unless Your Subscription is cancelled (“Renewal Term,” together with the Initial Term, “Subscription Term”). You will be charged a fee on the start of the Initial Term and will be charged an annual renewal fee on at the start of each Renewal Term.
- Rights to Cancel/Terminate. You may cancel Your Subscription at any time. To cancel your Subscription, please visit Your user portal. If You cancel more than thirty (30) calendar days before the start of a Renewal Term, You will not be charged a renewal fee. If You cancel within thirty (30) calendar days of the start of the Renewal Term, You will be charged the renewal fee for the next Renewal Term. Thor may terminate Your Subscription or terminate or limit Your access to the Thor Website or the Services at any time, without notice to You.
- Rights and Obligations Upon Cancellation of Subscription. Upon cancellation of Your Subscription by You, the License granted to You under this Agreement shall terminate at the end of the Initial Term or Renewal Term, as applicable. Upon termination of the Subscription by Thor, the License shall terminate immediately. Upon cancellation or termination of Your Subscription for any reason, Thor is not required to refund any Fees to You. Cancellation or termination of Your Subscription does not terminate any license granted by You to Thor under this Agreement, or any rights Thor has under this Agreement or applicable law arising out of Your breach of this Agreement and/or Your violation of any intellectual property rights of Thor. Notwithstanding the foregoing, the Terms of the Agreement shall continue to govern Your use of the Thor Website.
- REPRESENTATIONS, WARRANTIES, & INDEMNIFICATION
- Representations and Warranties. You represent and warrant to Thor that: (a) You own or control all rights in and to the User Content and You have the right to grant the use license You granted under this Agreement; (b) the User Content does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) the User Content complies and will comply with the terms of this Agreement; (d) Your use of the Thor Website and/or the Services is for Your personal use, or on behalf of someone for which You are expressly authorized to act, or on behalf of an organization for which You are expressly authorized to act; (e) if You are providing information on behalf of an organization or another person, You are expressly authorized to provide such information on their behalf; (f) You will only use the Thor Website and/or the Services as expressly permitted under this Agreement and not for the purpose of commercializing or monetizing the Thor Website and/or Services directly or indirectly; and (g) You will use the Thor Website and/or the Services in a professional manner, will treat other users with respect.
- Indemnification. You agree to indemnify and hold harmless Thor, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including, without limitation reasonable attorneys' fees) arising out of or relating to your breach of any of the representations and warranties set forth in this Agreement.
- DISCLAIMER OF WARRANTIES
Your access to and use of the Thor Website, the Services, or any Thor Content is at Your own risk. YOU UNDERSTAND AND AGREE THAT THE THOR WEBSITE, THE SERVICES, AND THOR CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, THOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Thor makes no representations or warranties of any kind with respect to the Thor Website or the Services, including any representation or warranty that the use of the Thor Website or the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, service or data, (b) meet Your requirements or expectations, (c) or achieve any specific result or intended result, (d) be free from errors or that defects will be corrected, or (e) be free of viruses or other harmful components. Thor also makes no representations or warranties of any kind with respect to Thor Content or any other Content available through the Thor Website and/or the Services. No advice or information, whether oral or written, obtained from Thor or through the Thor Website and/or the Services, will create any warranty not expressly made herein.
- RELEASE FROM LIABILITY
- General Release. You release, to the fullest extent permitted by law, Thor, its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following: (a) Disputes between users of the Thor Website and/or the Services, including any disputes between You and another user; (b) Your use of Third-Party Services, including content found on or in connection with such Third-Party Services; (c) Any claim resulting from Your use of the Thor Website and/or the Services in a manner inconsistent with the terms of this Agreement; (d) Unauthorized access to Your account by a third party, or any use of the Services under Your account; (e) The accuracy of, or Your reliance on, the Thor Website, the Services, Thor Content and/or any other Content made available through the Services; or (f) Any viruses imported into the Thor Website and/or the Services from or through any computer, electronic device, or other property during download or use of the Services, including but not limited to loss or corruption of data, damage to programs, applications, or devices on which You utilize or attempt to utilize the Thor Website and/or Services.
- No Liability for Third Party Action or Inaction. Thor may contract and work with third parties in connection with the Thor Website and/or the Services. Thor expressly disclaims all responsibility and liability to You with regard to actions or inactions of, or problems caused by, any third party, including but not limited to third-party services, products, host websites, payment software, or online platforms. Your sole and exclusive remedy for damages caused by third parties is against such third parties, and You agree that Thor shall not be responsible or liable for any damages or loss caused in whole or in part by any third party.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THOR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE THOR WEBSITE AND/OR THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THOR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (3) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE THOR WEBSITE AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (4) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THOR AND ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, OR ASSIGNS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO THOR IN THE PRECEDING TWELVE (12) MONTH PERIOD.
- GENERAL
- Applicable Law. This Agreement is governed by and construed in accordance with the laws of Saint Croix, United States Virgin Islands, without reference to conflict of laws principles. You expressly agree that any disputes, claims, and/or causes of action arising out of or related to this agreement shall be brought in the state and district courts of the State of Minnesota and You hereby consent to the personal jurisdiction of the courts in Minneapolis, Minnesota, and expressly waive any objection to such jurisdiction. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE THE RIGHT TO JURY TRIAL ON ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT AND CONSENT TO THE SUBMISSION OF ALL ISSUES OF FACT AND LAW ARISING FROM THIS AGREEMENT TO THE JUDGE OF A COURT OF COMPETENT JURISDICTION AS OTHERWISE PROVIDED FOR ABOVE.
- Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining enforceable provisions will nevertheless remain in full force and effect.
- Waiver. The failure of Thor to enforce any term or condition of this Agreement does not constitute a waiver of Thor's rights to enforce subsequent breaches of any term or condition herein.
- Binding Effect. You agree that this Agreement is of full force and effect and is binding on You and Your heirs, successors, and legal representatives.
- Entire Agreement. The Agreement, including these Terms of Service and Thor's Privacy Policy, as modified from time to time, represents the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior representations, warranties, understandings, and agreements, whether written, digital, or oral.
- Attorneys' Fees. If Thor prevails in any action, suit, or proceeding arising from Your use of the Thor Website and/or the Services or breach of this Agreement, You agree that Thor will be entitled to recover its reasonable attorneys' fees, court costs, and other fees and disbursements incurred in such action, suit, or proceeding.
- Refusal Rights. Thor, in its sole discretion and without incurring liability, reserves the right to refuse to sell, provide the Services or otherwise conduct business with any person except as prohibited by law.
- Notices. Any notice to Thor that is required or permitted by this Agreement shall be in writing and sent by registered or certified mail, or by email. Any notice shall be in writing in English and shall be deemed to have been received: (i) if delivered by registered or certified mail, the date on which delivery is shown or evidenced to have occurred; or (ii) if sent by email, at the time of sending, provided that receipt shall not occur if the sender receives an automated message indicating that the email has not been delivered to the recipient.
- DMCA COPYRIGHT POLICY
Thor has adopted the following policy toward copyright infringement on the Thor Website and/or the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Thor's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. For clarity, only copyright infringement notices should go to our Designated Agent.
THOR STRATEGIC, LLC
500 Westover Drive #10422
Sanford, NC 27330
Email: [email protected]
If you believe that Content residing or accessible on or through the Thor Website and/or the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Thor is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
After removing material pursuant to a valid DMCA notice, Thor will immediately notify the User responsible for the allegedly infringing material that it has removed or disabled access to the material. Thor reserves the right, in its sole discretion, to immediately terminate access to and use of the Thor Website and/or the Services for any User who is the subject of repeated DMCA notifications.
If you believe You are the wrongful subject of a DMCA notification, You may file a counter-notification with Thor by providing the following information to the Designated Agent:
- The specific material that Thor has removed or to which Thor has disabled access.
- Your name, address, telephone number, and e-mail address.
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Knoxville, Tennessee if your address is outside of the United States), and that You will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Your signature.
Upon receipt of a valid counter-notification, Thor will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Thor does not receive any such notification within ten (10) days, Thor may restore the material to the Thor Website and/or the Services.
- CONTACT INFORMATION
If you have any questions or concerns regarding use of the Thor Website or the Services, please contact us at: [email protected].