Terms of Use

MyBeastFriends.com is an interactive website ("Website") which is owned and operated by Think Tank Ideas, LLC ("Think Tank Ideas"). By Accessing the website you agree to these terms of use. These Terms of Use may change from time to time. Please read these Terms of Use carefully before using the website. These Terms of Use limit Think Tank Ideas' liability; require you to waive certain of your rights and remedies; if you don't agree to these Terms of Use don't use the website or purchase the products or services offered within the website. Think Tank Ideas also has a Privacy Policy, which can be found here. The Privacy Policy is incorporated into these Terms of Use by reference and by accessing the Website you also agree to the terms of the Privacy Policy.

Use of the Website. Access to the Website and Content is provided for your personal and non-commercial use only. You agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. All images, software, scripts, graphics, photos, content, text, illustrations, files, materials, products, sounds, music, videos, information, services, URLs, technology, documentation, the Website and interactive features (collectively "Content") and all intellectual property rights to the same belong to Think Tank Ideas and/or our licensors. All trademarks, service marks, trade names and trade dress that may appear on the Website are owned by Think Tank Ideas or our licensors. You shall not acquire any right, title or interest in the Website or any Content except as granted to you herein. Think Tank Ideas reserves all rights not granted in these Terms of Use. You may not use, reproduce, distribute, or otherwise exploit the Content for any purpose except as provided for in these Terms of Use. We may permit you to download or print Content or both in certain situations. In such a case, you may download or print (as applicable) one copy of Content for your personal, non-commercial use only. By accessing the Website, you acknowledge that you do not acquire any ownership rights in any Content.

Furthermore, except as expressly permitted in these Terms of Use, you may not infringe on any copyright, trademark, or other proprietary right on or arising from the Website or Content; you may not interfere with the security features of the Website. Think Tank Ideas grants public search engine operators permission to copy Content from the Website for the sole purpose of creating a index of the Content for the general public. Think Tank Ideas reserve the right to revoke this permission at any time; you also agree to not collect any personal user information from the Website including user names, passwords, email addresses; you agree to not interfere with the functions of the Website and you agree to not participate in or encourage any conduct whatsoever that violates any local, state or federal law, either civil or criminal, or violate any U.S. export laws or otherwise; You agree to cooperate fully with Think Tank Ideas to investigate any activity that is in breach of these Terms of Use.

Conditions of Use. By using or accessing the Website you are granted a non-exclusive, limited use license; the same is revocable at our discretion. Think Tank Ideas reserves all other rights and remedies. To access the Website, you agree to become a registered user. You are not permitted to register as a user or otherwise submit personal information to Think Tank Ideas if you are under the age of Thirteen (13). At all times, you agree to provide accurate information and agree to promptly update your registration information if it changes. For registration purposes, you will create a user name and password, which may permit you access to the Website; the same may not be available to non-registered users. You are responsible for the safekeeping of the confidentiality of any personal information submitted to the Website or any information submitted by you to the Website. You are responsible for all activity that occurs while using the Website whether or not you have authorized the same. You agree to notify us immediately at legal@mybeastfriends.com of any breach of security or unauthorized use of your registered information. We may permit users to post, upload, or submit messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license incorporated herein, you retain all right, title and interest in your User Content. However, confidentiality is not guaranteed in any way with respect to User Content. It is your responsibility to protect all intellectual property rights arising from your User Content, and Think Tank ideas is not in any way responsible for the same. You are not permitted to submit any User Content protected by copyright, trademark, patent, trade secret, or other intellectual property without the express permission of the owner and you are solely liable for all damage resulting from your failure to procure permission. You agree that you will not submit or post any User Content that infringes in any way upon the rights of others. You also agree that you will not submit or post any User Content that is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy vulgar, obscene, profane, pornographic, lewd, violent, or harassing. You are not permitted to submit any User Content that encourages conduct that would violate any law; You are not permitted to submit any User that content that is an advertisement for goods or services; You are not permitted to submit User Content that includes personal information including, but not limited to social security numbers, account numbers, or addresses, or any information that would result in Think Tank Ideas having any obligation or liability to any party or other user. Think Tank Ideas will not permit any conduct that in its sole discretion restricts or inhibits any other user from using or enjoying the Website.

By posting or submitting User Content you agree to grant to Think Tank Ideas a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable and assignable right and license to use, record, sell, lease, reproduce, distribute, publicly display, transmit, and publish the User Content in connection with our business and in connection with the businesses of our successors, parent companies, subsidiaries, and their related or affiliated companies. You agree that you also grant other users permission to access your User Content and to use, sell, reproduce, distribute, display, transmit, and publish your User Content for personal, non-commercial use as permitted by the Website and these Terms of Use. You agree to allow Think Tank Ideas to use any ideas, concepts, or techniques derived from the User Content. You also grant Think Tank Ideas the right to use your name in connection with broadcast, print, online, or other use or publication of your User Content; Think Tank Ideas reserves the right to use your User Content for advertising and promotions. You acknowledge and agree that your User Content may also be posted or used on the websites and advertising networks of our distribution partners and service providers. However, Think Tank Ideas does not have the obligation to make use of User Content and does not guarantee distribution of User Content. Think Tank Ideas reserves the right to discontinue operation of the Website, or your use of the Website in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content to you. You agree to promptly provide us with detailed written notice of any User Content that you submit which includes any material which you lacked the right to grant us and/or affects the proprietary rights of others.

Think Tank Ideas shall not be liable for any loss or damage caused by your reliance on any Content or any information on the Website. By accessing the Website, you agree that Think Tank Ideas has no obligation to become involved in any dispute or claim between you and any third-party. You hereby release Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from any claims, demands, and damages whatsoever arising out of, relating to, or in any way connected with such dispute. The Website may contain links to other websites maintained by third parties and Think Tank Ideas does not necessarily endorse the content found on these third-party websites and is not liable for any loss or damage as a result of your use of said party's website.

Think Tank Ideas does not currently charge for mobile services. Your carrier's messaging, data and rates and fees will apply for mobile services. You hereby acknowledge that we may communicate with you regarding the Website and our partners by SMS, MMS, text message or other means to your mobile device and that certain information about your usage of mobile services may be provided to us.

Disclaimers. You expressly agree that assume the risk of the use of the website and that the website and content therein are being provided without warranty of any kind. Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related companies disclaim any and all warranties including any warranties that the website will meet your personal needs or requirements Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related companies disclaim all warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of the website or its content; Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related companies disclaim all warranties of title, merchantability, or fitness for a particular purpose and hereby disclaim all warranties for services or goods received through or advertised on our website or accessed there from; Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related companies disclaim all warranties regarding the accuracy and reliability of the results flowing from the uses of the website; Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related companies disclaim all warranties that your use of the website will be secure or uninterrupted and that errors in any software or application will be corrected or restored.

Limitation on Liability. Think Tank Ideas or its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, or their related and/or affiliated companies shall in no way be liable for damages whether indirect, incidental, special, consequential or exemplary and which arise or are connected in any way to the website and/or these Terms of Use. If for any reason you are not satisfied with the website and/or it's content your only remedy is to avoid use of the website. This limitation is applicable to damages incurred from any service or product received through or advertised in the website or any links on the website. This limitation is applicable to any information or advice received through the website or advertised on any links on the website and also applied to damages related to arising from content posted by a third-party or conduct of a third-party through the use of the website. The liability of Think Tank Ideas and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies shall in no way exceed the greater good of the total payments received from you by Think Tank Ideas during the preceding twenty-four (24) month period or USD five hundred dollars ($500.00). You hereby agree to and acknowledge that any claim relating to the use of the website or these Terms of Use must commence within one (1) year after the cause of action accrues or shall otherwise be barred. These limitations shall apply to the extent permitted by law in the jurisdiction enforcing the same. You hereby agree to indemnify and hold harmless Think Tank Ideas and its officers, directors, employees, partners, successors, agents, affiliates, parent companies, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys' fees and costs, which arise or may arise or is related to in any way with your use of the Website, the User Content provided by you or through use of the Website; You hereby agree to indemnify and hold harmless Think Tank Ideas and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, parent companies, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys' fees and costs, which arise or may arise or is related to in any way any actual or alleged violation or breach by you of these Terms of Use, and/or any actual or alleged breach of any representation, warranty, or covenant that you have made to Think Tank Ideas, or your acts or omissions resulting in any such claim or demand. You also acknowledge and agree to fully cooperate with Thin Tank Ideas in the prosecution or defense of any claim that is connected in any way to your obligations set forth herein.

Reservation of Rights. Think Tank Ideas reserves the right in its sole discretion at any time to terminate or suspend your Membership and remove access to the Website for any reason including, but not limited to if you have failed to comply with these Terms of Use and you further agree and acknowledge that Think Tank Ideas shall not be liable to you or any third party for termination or suspension of your use of the Website. Similarly, you may terminate your membership at any time by sending an email to legal@mybeastfriends.com. These Terms of Use may survive any suspension or termination of your access to the Website including the licenses granted by you to Think Tank Ideas pursuant to these terms of use as well as all indemnities, releases, disclaimers, limitations on liability, and all other rights derived from the provisions agreed to herein. Think Tank Ideas reserves the right in our sole to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use at any time and for any reason. Additional terms that may govern your use of the Website may also be provided and incorporated at any time. Such additional terms shall be incorporated by reference into these Terms of Use. If any additional term conflicts with these Terms of Use, the additional terms will be controlling. Any modifications to these Terms of Use or any implementation of an additional term to these Terms of Use shall be effective through notice on the Website or by notification by email or mail. You are responsible for reviewing the Terms of Use and the Website frequently for any modifications to these Terms of Use or for any additional term to these Terms of Use. Your use of the Website following any modification of these Terms of Use or the implementation of any additional term shall constitute your acceptance of the same. Should you object to any modification to these Terms of Use or to any additional term you may terminate your membership/registration and/or immediately stop using the Website.

Copywright/Intellectual Property. Think Tank Ideas may terminate the membership of users who it suspects of infringing on the intellectual property of others and, in its sole discretion, Think Tank Ideas may remove the infringing content on any of its websites or systems. Think Tank Ideas hereby requests that its Users, employees, personnel, and intellectual property rights owners report any and all claims of copyright infringement to the following designated agent:
Agent: Yackie Tous, located at: 13860 SW 143 Court Unit 7 Miami, Fl. 33186
If you are a copyright owner with infringement concerns you should report your notice of infringement by notifying the designated agent of the claim of infringement in writing which includes substantially the following: a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, b) identification of the copyrighted work claimed to have been infringed, c) identification of the material that is claimed to be infringing and information allowing Think Tank Ideas to locate the material, d) your contact information, such as an address, telephone number, and email address, e) a personal statement by the owner of the intellectual property or the owner's agent that the use of the material is prohibited by its owner, f) a sworn statement that the information in the notification is true and accurate and that you are authorized to act on behalf of the owner of the intellectual property right that is alleged to be infringing. The procedure outlined in a) through f) herein must be followed in order to allow Think Tank Ideas to investigate the infringing claim.

Mybeastfriends, LLC Trademark Notices. All characters, character names, taglines, logos, and related artwork on the Website, including without limitation, the marks listed below, are trademarks and/or registered trademarks of Mybeastfriends, LLC ("MBF"). All Rights Reserved. Other trademarks or service marks present on the Website that are not owned by MBF are the property of their respective holders and are used with permission. Any reproduction in any form of any trademark or service mark appearing on this Website without the prior written consent of the owner of such mark is strictly prohibited. Your rights with respect to use of this Website and all Content are set forth in more detail in our Terms of Use.

The following characters are trademarks of Mybeastfriends, LLC. All Rights Reserved.
Flamester, Lazy Leo, Crazy Daisy, Hav-Z, Rob the Blob, Tibu the Great.

The following words (as well as their related artwork) and character names listed below are trademarks of Mybeastfriends, LLC. All Rights Reserved: "Your Personal Create-a-Beast Factory" tagline, The MYBEASTFRIENDS name and logo, the MYBEASTFRIENDS eye logo, BEAST-O-MATIC name and logo, ADOPT-A-BEAST name and logo, CREATE-A-BEAST name and logo, Flamester, Lazy Leo, Crazy Daisy, Hav-Z, Rob the Blob, Tibu the Great.

Mybeastfriends, LLC Copyright Notices. This website and all Content, including without limitation the Content listed below, is copyrighted and is either owned or used with permission by Mybeastfriends, LLC. Your rights with respect to the Website and all Content are set forth in our Terms of Use.

The Website © 2009-2011 mybeastfriends, LLC. All Rights Reserved.
Mybeastfriends © 2011 mybeastfriends, LLC. All Rights Reserved.
Flamester © 2011 mybeastfriends, LLC. All Rights Reserved.
Tibu the Great © 2011 mybeastfriends, LLC. All Rights Reserved.
Crazy Daisy © 2011 mybeastfriends, LLC. All Rights Reserved.
Rob the Blob © 2011 mybeastfriends, LLC. All Rights Reserved.
Happy Hav-Z © 2011 mybeastfriends, LLC. All Rights Reserved.
Lazy Leo © 2011 mybeastfriends, LLC. All Rights Reserved.
Beast-o-Matic © 2011 mybeastfriends, LLC. All Rights Reserved.
Adopt-a-Beast © 2011 mybeastfriends, LLC. All Rights Reserved.
Create-a-Beast © 2011 mybeastfriends, LLC. All Rights Reserved.

Dispute Resolution. These Terms of Use shall be construed in accordance with the laws of the State of Florida without regard to its conflict of laws rules. Any legal proceedings against Think Tank Ideas that may arise out of, relate to, or be in any way connected with our Website, affiliate websites or these Terms of Use shall be brought exclusively in a court of competent jurisdiction in Miami Dade County, Florida and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts to the extent permitted by law. You hereby agree that you waive any and all rights to injunctive or other equitable relief to the extent permitted by law. To the extent permitted by law, you agree to waive any right to pursuer disputes on a class-wise basis, which includes joining a claim with the claim of another party or assert a claim in a representative capacity on behalf of anyone else in any lawsuit. To the extent permitted by law, you and Think Tank Ideas WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, OR OTHER PROCEEDING.

Miscellaneous. Think Tank Ideas' failure to enforce any rights under these Terms of Use shall not be interpreted or construed in any manner or form as a waiver of the right and privilege to do so subsequently. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of the Terms of Use shall remain in full force and effect. These Terms of Use, the Privacy Policy incorporated by reference and any additional terms also incorporated by reference shall constitute the entire agreement of the parties and any and all previous written or oral agreements are merged and integrated herein. You hereby agree to not assign these Terms of Use or delegate any obligations arising from these Terms of Use unless explicitly agreed to in writing by Think Tank Ideas.

Acknowledgment. You agree that these Terms of Use are upheld by good and valuable consideration the receipt and sufficiency of which you acknowledge by accessing and using the Website. Such consideration includes, but is not limited to, your use of the Website and the materials and information available through the same and the possibility of publication or publicity of your User Content.

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