Terms & Conditions

Thumperlyn makes available a variety of products and services. In addition, there are a variety of special products and services offered through the our site that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product featured on a page opportated by thumperlyn those sererate Terms and Conditions will apply.
Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

thumperlyn enterprises.
1741 Des Moines Street
Des Moines, Iowa 50316

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.

1. ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual thumperlyn web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that thumperlyn may terminate your access to our site or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by us. Any such termination shall be in our sole discretion and may occur without prior notice, or any notice. Thumperlyn further reserves the right to terminate any user's access to the our site or to any of the Products and Services for any conduct that we, in its sole discretion, believe is or may be directly or indirectly harmful to other users, to thumperlyn or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Thumperlyn further reserves the right to terminate any user's access to the our site or to any of the Products and Services for any reason or for no reason at all, in our sole discretion, without prior notice, or any notice.

Thumperlyn does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

3. REGISTRATION AND PRIVACY
Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various thumperlyn registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or thumperlyn has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, thumperlyn has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All thumperlyn registrations become the exclusive property of thumperlyn, its affiliates and subsidiaries. Thumperlyn reserves the right to use and reuse all registration and other personally identifiable user information subject to the Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Privacy Policy.

You acknowledge receipt of Thumperlyn Privacy policy, including our Notice Regarding the Privacy of Children Under 13 While on the Lycos Network.

4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE OUR NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

5. PARENTAL CONTROLS AND CHILD SAFETY
Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, click here.


You agree that you will not use thumperlyn Products and Services to:

1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
4. Harm minors in any other way.
5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
6. "Stalk" or otherwise harass another.
7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
8. Impersonate any person or entity, including, but not limited to, a thumperlyn official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
    1. Making available copyrighted software or other Content that has had the copyright protection removed.
    2. Making available serial numbers for software that can be used to illegally validate or register software.
    3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
    4. Making available any software files for which the user does not own the copyright or have the legal right to make available.

You acknowledge and agree that thumperlyn and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice.

LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant thumperlyn a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within thumperlyn enterprises. Such license shall apply with respect to any form, media, or technology now known or later developed.

INDEMNITY AND RELEASE
By using the thumeprlyn enterprises web sites you agree to indemnify Lycos, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Lycos Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to thumperlyn or from any person's use of any account or password you maintain with any portion of the Lycos Network, regardless of whether such use is authorized by you. By using thumperlyn, using the Products and Services, or submitting any ideas and/or related materials to thumperlyn, you are hereby agreeing to release us and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to thumperlyn enterprises. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

COPYRIGHT, TRADEMARK, AND PATENT NOTICES
thumperlyn enterprises^© 2006  All rights reserved.