Unthink Social Network—Homestead Deed (Full Text)

I just received my invite to Unthink, a brand new “all-in-one” social network from, I don’t know who—because their “about” page doesn’t say who they are. I’ve written a bit more about Unthink in the following post:

[link coming.. be patient :-)]

Unthink.com is a slick website, but what struck me most is their espousing the importance of “emancipating social media”, and that Unthink is a social network without many of the drawbacks of Facebook. When they are obviously a commercial outfit trying not to look as if they are out to make money out of you, which to me is the main drawback of Facebook, and Google+ for that matter.

In my opinion, a commercial entity cannot survive without putting the needs of its users alongside the needs of its investors, which necessitates exploitation of its users. Only a non-commercial entity can truly emancipate social media—from commerce—which is why I am so enjoying the success of Diaspora*, the brand new user-owned social network which will launch to the public soon (late 2011).

All the same, I want to know what Unthink is and isn’t, and for that I want your help!

Their spiel is interesting and want to understand it, especially what is buried in their terms and conditions of service: the “Deed” as they call this.

So, I have reproduced the Unthink “Deed” (service terms) below. I’d love to hear what you make of it.

Also, I’m too lazy to read the whole thing just now and hope you will save me the trouble, although if you tell me it is all as interesting as the intro, I will have to, so please don’t do this. Please confirm it is boring legal boiler plate. Please!

Here are some of the questions raised by the intro, which talks of “homesteads” and tries to evoke a spirit of true ownership of your data, and pioneers settling into build a place they own and control.

  1. Is Unthink really different to Facebook? How?
  2. In what ways is the “homestead” metaphor valid or invalid—what aspects do you control, and what do you not?
  3. How does Unthink compare to Diaspora* on its bigged up selling points, such as you owning your plot on Unthink.com, access to your own data, privacy and controlling access by others?
  4. Can Unthink just arbitrarily change your “deed” any time they feel like it? If not, what can’t they change, and what can they change?
  5. What provision has been made for allowing your homestead to continue, should they no longer be able or willing to act as service provider?
  6. And the mundane, can you download your data easily, in full, in a useful format (i.e. Diaspora* styley, not Facebook styley)?
I’ve numbered these in case you want to reference them in a comment.
Please also suggest your own questions, especially if like me, you’d like someone else to do the work of reading this stuff and answering them! I’ll add commenter’s questions here (be the first!)…

 

Unthink Deed Full Text—Homestead Social Network

Here is the text of my homestead “deed”…

Ownership and Freedom – Your UNTHINK Deed.

We at UNTHINK grant the UNTHINK Deed to all our Suite settlers in the spirit of returning control to the people. The UNTHINK Deed defines the rights emancipated people must have; fundamental among these being ownership, privacy, quiet enjoyment, and security from unilateral term changes. It evidences that these rights must be present at once for you to be emancipated and in control of your destiny.

 

PREAMBLE

Today, social media has reached a decisive crossroads. The direction we choose to take will affect the course of human events and shape our destiny. Facebook has established a social media cyber-monopoly that tramples on our rights and limits our freedoms. The history of Facebook is a history of arrogance and repeated exploitation of the people. Its dictatorship must end. Social media must turn in a new direction. The time has come for the people to rise up and declare their emancipation.

 

Where do you stand? FOR or AGAINST the emancipation of social media?

Facebook is a platform of control that takes away your FREEDOM in exchange for giving you a ‘free’ service. Put simply, Facebook is founded on a legal structure that asks you to ‘build’ on their virtual ‘lot’ and abide by terms that they can change at will. But isn’t it true that when you settle on their pages, adding your information, relationships and content, you are making their site more valuable? Are you getting equal value in return? How much does ‘free’ cost?

 

UNTHINK is an emancipated platform that is ‘free’ and also guarantees your FREEDOM. It is founded on a new legal structure. The UNTHINK Deed grants you ownership of the virtual ‘lot’ on which you build your social networking homestead or domicile, enabling you, whether you are an individual or brand, to maintain ownership of your profile, relationships, conversations, and all your content. The UNTHINK Deed upgrades your legal status from a USER to an OWNER.

 

Simply explained, UNTHINK regards you as a settler on the UNTHINK.com domain. It recognizes the value you bring to the network, and in exchange, it grants you ownership of your ‘lot’ and everything you build upon it. A tried and tested principle! Many governments have similarly granted homestead deeds to settlers in ‘fair value exchange’ for settling on and improving land.

 

We grant the UNTHINK Deed to all our Suite and Stage settlers in the spirit of returning control to the people. The UNTHINK Deed defines the rights emancipated people and brands must have, fundamental among these being ownership, privacy, quiet enjoyment, and security from unilateral term changes. It evidences that these rights must be present at once for people and brands to be emancipated and in control of their destiny.

 

The importance of emancipating social media:

Social networks are key influencers that are reshaping our universe. Whether you participate or not, social networks directly impact your life. That’s why it is crucial to turn away from platforms of control that dictate terms to users and emancipate social media, reinstate democratic values, and return control to the people.

 

Social networking, like most innovations, began haphazardly with little or no planning. As some networking tools and sites became popular, social networking took off, triggering a fundamental shift in the way we communicate. Today, social networking has transformed into social media, a mainstream phenomenon affecting all our lives that many anticipate will soon overtake traditional media. By enabling unprecedented information-sharing and diminishing time constraints, social media bring the world closer together, mandate transparency, shape public opinion, determine outcomes, originate and spread news, define social norms, control how businesses reach out to people, and impact the shape of things to come. Social media has become our global communication system.

 

With this great power comes great responsibility. The current dictatorial structure may have worked for the original social networking sites, but is unacceptable now that they have become global communication systems. Their structure baits users by offering them ‘free’ in exchange for their FREEDOM and then places them under the networking site’s ‘thumb.’ This outdated structure requires users to surrender ownership and control to the network, resulting in a range of side effects such as compromised privacy, endless re-designs, profiles turned into commercial junkyards, and ever-changing terms of use – all in search of profitability. It is a structure that calls you a USER and unashamedly USES YOU. It regards you, your profile, your relationships, and your conversations as CONTENT that can be exploited to make money.

 

But the stakes are higher than that! No one, no matter how well-intentioned, should ever have control of our global communication system. History teaches us that, while tyranny is sometimes founded on good intentions, it is always perpetuated by the ability to control communications. Before it is too late, we must reclaim what we unintentionally gave up: OWNERSHIP of our communications, and along with it, our FREEDOM.

 

What’s needed and why:

At this decisive crossroads, it is our right and our duty to stand FOR the emancipation of social media and choose a direction that guarantees our FREEDOM, is equitable to ALL interested parties –PEOPLE, BRANDS, DEVELOPERS, CAUSES, SOCIETY at large, our PLANET– and obligates the DOMAIN to serve only as facilitator.

 

UNTHINK DEED

This Emancipation Deed is made this day between the domain known as UNTHINK.com, “Grantor”, and you, “Grantee”, a settler desiring to establish a social networking homestead, “Suite”, on the UNTHINK.com domain.

 

BY THIS DEED, for and in consideration of Grantee’s improvements to and ongoing use of the Suite, Grantor hereby conveys to Grantee the following Suite:

 

1234567890.UNTHINK.com/suite*

* Suite URL can be personalized upon completion of verification procedure by Grantee.

 

 

SUBJECT TO the Emancipation Covenants and applicable law,

 

AFFORDED the protections of the Privacy Policy.

 

GRANTOR WARRANTS that, while the Emancipation Covenants and Privacy Policy may change from time to time, all such changes will be minor or as mandated by law, and that Grantee’s protections will never be reduced without Grantee’s explicit consent.

 

GRANTOR COVENANTS that the property is not encumbered, that the Endorser Grantee sel ects will cover all Suite maintenance costs in exchange for being showcased on the Suite, and that Grantee’s possession and enjoyment will not be disturbed by advertisements or spyware.

 

GRANTED by UNTHINK.com.

 

UNTHINK EMANCIPATION COVENANTS

The Spirit of the UNTHINK.com Emancipation Covenants

SUBJECT to the Emancipation Covenants and applicable law, the UNTHINK Deed conveys to you ownership of your social networking homestead or domicile, for and in consideration of your improvements to and ongoing use of your Suite or Stage.

 

In that spirit, these Covenants establish your rights as an OWNER and your responsibilities to the other OWNERS and to the UNTHINK.com social domain. As in any community, you are free to do as you please inside your ‘home,’ but once you venture out into your front yard or into the public areas of a community, different rules apply in order to protect the rights of others and the status of the community.

 

People and Brands are the two types of OWNERS who can settle on the UNTHINK.com domain. People 13 years old or older are eligible to establish Suites (personal accounts) and brands are eligible to establish Stages (business accounts).

 

SUITE COVENANTS

YOUR RIGHTS

YOUR RESPONSIBILITIES

STAGE COVENANTS

YOUR RIGHTS

YOUR RESPONSIBILITIES

GENERAL COVENANTS

 

 

SUITE COVENANTS

YOUR RIGHTS

Ownership

You are guaranteed ownership of your Suite and all your content in fair value exchange for settling on and improving your Suite. You grant to UNTHINK, its agents and its assigns a limited, royalty-free license to use, modify, display, reproduce, and distribute such content only in the manner you have authorized. You can revoke this limited license at any time by deleting the affected content. Keep in mind that others may have copies of anything you have shared with them.

 

Freedom

You are guaranteed the same freedom within your Suite that you possess in your physical home. Your Suite is your online home where you can store your personal property with confidence. We realize it is your shelter, your memories, an extension of yourself, and we will always strive to protect the sanctity of your online home. Your freedom is only limited by applicable law and by your responsibilities to the community.

 

Free Occupancy

You are guaranteed free occupancy of your Suite by endorsing a brand. Your Suite has maintenance costs just like any home has utility bills, association dues, and property taxes. The brand you endorse will cover all your Suite maintenance costs in exchange for being showcased in your iEndorse channel. Through this endorsement deal, you can enjoy your Suite free of cost and undisturbed by advertisements or spyware. You also have the option of a self-endorsed Suite for which you cover the maintenance costs yourself.

 

Quiet Enjoyment

You are guaranteed quiet enjoyment of your Suite. We will not disturb your enjoyment with unwanted ads or spyware. We will never interrupt you with ads or allow brands to download spyware onto your computer. We will not allow anyone to intrude on you. We will not collect information about you from outside sources or build a dossier of your activities on or off our domain. We will ensure that your Suite will remain unencumbered.

 

True Control

You are guaranteed true control of your Suite. We will always respect you and your property, giving you full control over your content at all times. We will never materially redesign your Suite without your permission. We will never move your things without your permission. We will never surprise you with unexpected changes. We will always pay attention to your suggestions and, realizing that we are not infallible, we will seek your feedback in shaping the future of this community.

 

True Privacy

You are guaranteed true privacy within your Suite. The default setting for all Suites is ‘Private/Only visible to Owner.’ You alone decide what to share and with whom. No one can see or visit your Suite until you open up the privacy settings. We will never sell your personally identifiable information and we will not share it with anyone except as necessary to provide the services you request. Review our Privacy Policy and Law Enforcement Guidelines for more information.

 

Time Savings

You are guaranteed time savings in the use of your Suite. Your Suite was designed with efficiency as a key consideration. It separates your public, social, lifestyle and professional conversations, making it less time-consuming to share your views with the world, keep up with all your friends, connect with brands, and link with your professional connections. It enables you to find what you’re looking for without wasting time digging through irrelevant information or being interrupted.

 

Security from Unilateral Term Changes

You are guaranteed security from unilateral term changes. While these Emancipation Covenants may change from time to time, all such changes will be minor or as mandated by law, and your rights will never be reduced without your explicit consent. As we add new features to the domain in the future, if additions to these Covenants are necessary, you will be asked to either affirmatively accept them or decline to use the features associated with these additions.

 

Optional Disclosure of Your Identity

You are guaranteed the freedom to choose whether or not to disclose your identity. You can display either your real name or a pseudonym on your Suite. When you use your real name and verify your identity, others will know that you are who you say you are. When you are unverified, others will be forewarned that the name displayed on your Suite may not be your real name. This way, you can distinguish between people using their real names and people who may be using pseudonyms.

 

Transparency

You are guaranteed transparency in how UNTHINK.com makes money. Our business logic will always be aligned with your interests, and we will never seek to profit by exploiting you. We will seek to prosper in order to maintain our independence and never be subordinated to outside interests. We will always be guided by your interests and seek prosperity in a manner consistent with our win-for-all philosophy. We will work to make your voice and the voice of this community heard.

 

 

 

YOUR RESPONSIBILITIES

Act in Good Faith

You promise to act in good faith by improving and using your Suite frequently, by not using it for commercial purposes or to promote any contest, giveaway, sweepstakes or gambling; by not using it for disruptive or abusive purposes; by not occupying a Suite if you are a convicted sex offender; by not squatting on a Suite or username; and by not abandoning your Suite for more than six months.

 

Respect the Rights of Others

You promise to respect the rights of others by not posting their private and confidential information; by not making threats of violence, bullying, intimidating, or harassing them; by not soliciting login information or access to their accounts; by not acting in a misleading, malicious, defamatory, or discriminatory way; and by not posting content that incites violence, is hateful, or is threatening.

 

Protect the Value of the Domain

You promise to protect the value of the domain by doing everything within your power to defend and enhance it; and by not posting content that is pornographic, or contains graphic or gratuitous violence or is unsuitable for minors without appropriate age-based restrictions.

 

Comply With the Laws of Your Jurisdiction

You promise to comply with the laws of your jurisdiction in your use of the domain by only using it in compliance with all applicable local, state, national, and international laws, rules and regulations; and by not using it for any unlawful purposes or for promotion of illegal activities.

 

Use the Domain Responsibly

You promise to use the domain responsibly by recognizing that you are solely responsible for any content you post, and for any consequences thereof; by realizing that we may not monitor or control and therefore cannot take responsibility for such content; by setting a strong password (a combination of upper and lower case letters, numbers and symbols) for your Suite and safeguarding it; and by being accountable for any activities or actions under your password.

 

Never Mislead Others About Your Identity

You promise to never mislead others about your identity by impersonating someone else; by verifying yourself under a false identity; by creating a Suite or Stage for someone other than yourself without their permission; by creating more than one personal profile; or by not being transparent when you are using a pseudonym.

 

Honor Other People’s Property

You promise to honor other people’s property by not posting or using their trademarks, copyrights, intellectual property, proprietary content, or personal information without their consent; by immediately surrendering any names, usernames, or logos that do not belong to you or any proprietary content that you do not have permission to use; by not using our copyrights or trademarks without our express authorization; and by filing an infringement notice in accordance with our Intellectual Property Guide if someone is using your property without your permission.

 

Do Not Compromise the Domain

You promise to not compromise the domain by uploading viruses or other malicious code; by doing anything that could disable, overburden, spam, disrupt, or impair the proper working of the domain; by attempting to breach or circumvent any security or authentication measures; or by accessing, searching, or attempting to access or search the domain by any unauthorized or automated means.

 

Preserve the Integrity of the Domain

You promise to preserve the integrity of the domain by not sending repeat mass invitations or messages; by not publishing or linking to malicious content intended to damage or disrupt anyone’s browser or computer or compromise their privacy; by not phishing or spamming anyone; by not posting pictures, tagging, or sending email invitations to people without their consent; and by reporting any suspicious activities.

 

Align Yourself with the Domain

You promise to align yourself with the domain by familiarizing yourself and complying with the terms and the applicable guides for each function that you use; by using the domain and buttons for their intended purposes only; by never seeking to exploit the domain; by always being guided by the common interests of the community; by acting in a manner consistent with our win-for-all philosophy; and by adding your voice to help make this community influential.

 

 

 

STAGE COVENANTS

YOUR RIGHTS

Ownership

You are guaranteed ownership of your Stage, the relationships you build, and all your content in fair value exchange for settling on and improving your Stage. You can cover your Stage maintenance costs either by opting for a self-endorsed Stage or by endorsing a brand and showcasing it in your iEndorse channel. Premium Stages enjoy a plethora of added functionalities and are self-endorsed. For any uploaded content, you grant to UNTHINK, its agents and its assigns a limited, royalty-free license to use, modify, display, reproduce, and distribute such content in the manner you have authorized. You can revoke this limited license at any time by deleting the affected content. Keep in mind that others may have copies of anything you have shared.

 

Freedom

You are guaranteed the same freedom within your Stage that you possess in your own website or your place of business. Your freedom is only limited by applicable law and by your responsibilities to the community. You can use your Stage to promote your brand, build mutually beneficial direct relationships, expand your reach, drive your sales, and achieve your goals. We realize all that you have invested in your brand and will always strive to protect the sanctity of your Stage and relationships.

 

True Control

You are guaranteed true control of your Stage. We will always respect you and your property, giving you full control over your content at all times. We will never materially redesign your Stage without your permission. We will never move your things without your permission. We will never surprise you with unexpected changes. We will always pay attention to your suggestions and, realizing that we are not infallible, we will seek your feedback in shaping the future of this community.

 

True Integration

You are guaranteed true integration into the UNTHINK.com community. UNTHINK puts an end to brand segregation in social media and makes intrusive ads and spyware a thing of the past. On other social domains, brands are just advertisers, trying to generate impressions while interrupting people who are socializing. Brands are segregated; they are not really part of the community. UNTHINK gives brands an equal opportunity to belong to the community, just like in the real world. It enables brands to build meaningful relationships with people through Lifestyle networking – a new way for people and brands to interact in a non-intrusive, mutually beneficial, and rewarding manner.

 

Efficiency

You are guaranteed efficiency by being able to pursue all your goals from one place. Your Stage enables your brand to get endorsed by brand advocates, build win-win relationships with people whose lifestyles you empower, keep up with other businesses, and connect with talent interested in your jobs. Your Stage was designed with efficiency as a key consideration. It is a true stage for your brand, enabling you to communicate with the world and build all the relationships you need from one place.

 

Tools to Build Win-Win Relationships

You are guaranteed access to tools that enable you to build win-win relationships with people. Moving beyond the advertiser-on-social-media model, UNTHINK has created an entirely new set of tools to empower brands and people to form real relationships and foster communication. Lifestyle networking is a dedicated gadget that allows your brand to engage people directly and build brand loyalty. The Lifestyle Tree and AdLeaf help your brand connect and be showcased in people’s Suites. LeafRewards helps build brand loyalty and drive sales. GreenBox lets you reach out to more people, while iEndorse enables you to turn your most loyal consumers to brand advocates.

 

Ability to Maximize Reach and Virality

You are guaranteed the ability to maximize your reach and virality. AdLeaf enables you to create multiple subscription channels so that people can subscribe to your brand’s AdLeaf without hesitation. People can pull what they want and nothing can be pushed to them; they can subscribe to the channels that are relevant to them and sel ect the frequency of the updates; they are never interrupted since their Lifestyle updates are separate from everything else in their Suite; they can be rewarded with every update; and they can have a positive experience every time they interact with your brand.

 

Opportunity to Mobilize People and Drive Sales

You are guaranteed the opportunity to mobilize people and drive sales. The innovative LeafRewards program enables you to convert people’s loyalty to sales in a win-win way. You can mobilize people and drive sales through calls to action or deals that offer them extraordinary value for the rewards they have earned. You can run campaigns in partnership with nature and people through AdLeaf and GreenBox, and reward people for giving you feedback or establishing a direct relationship with your brand.

 

Measurable ROI

You are guaranteed a measurable return on the investment you make on your Stage. Through powerful analytics, you will always be able to measure the performance of every action you take on UNTHINK.com, so that you can minimize your acquisition cost per relationship and maximize your reach. All of the tools available in your Stage will always provide your brand with the necessary analytics to monitor the performance of your Stage and the return on your investment, so that you always know what works best for your brand.

 

Security from Unilateral Term Changes

You are guaranteed security from unilateral term changes. While these Emancipation Covenants may change from time to time, all such changes will be minor or as mandated by law, and your rights will never be reduced without your explicit consent. As we add new features to the domain in the future, if additions to these Covenants are necessary, you will be asked to either affirmatively accept them or decline to use the features associated with these additions.

 

YOUR RESPONSIBILITIES

Act in Good Faith

You promise to act in good faith by improving and using your Stage frequently; by only creating a Stage if you are a business, non-profit, sole proprietor, band, school, university, community service, government, news, or trade organization; by using it only for the purposes intended by the domain; by complying with the rules and using all the tools provided in your Stage for their intended purposes; by not using your Stage to promote any contest, giveaway, sweepstakes or gambling; by not using it for disruptive or abusive purposes; by not using your Stage for any illegal or fraudulent purpose; by not squatting on a Stage or username; and by not abandoning your Stage for more than six months.

 

Interact Appropriately

You promise to interact appropriately by behaving in a non-intrusive way; by not spying on people; by respecting the anonymity of people’s Lifestyle profiles; by respecting the rights of others; by not posting their private and confidential information; by not making threats of violence, bullying, intimidating, or harassing them; by not soliciting login information or access to their accounts; by not acting in a misleading, malicious, defamatory, or discriminatory way; and by not posting content that incites violence, is hateful, or is threatening.

 

Protect the Value of the Domain

You promise to protect the value of the domain by doing everything within your power to defend and enhance it; by not posting content that is pornographic, or contains graphic or gratuitous violence or is unsuitable for minors without appropriate age-based restrictions; and by not posting any third-party advertisements on your Stage.

 

Comply With the Laws of Your Jurisdiction

You promise to comply with the laws of your jurisdiction in your use of the domain by only using it in compliance with all applicable local, state, national, and international laws, rules and regulations; and by not using it for any unlawful purposes or for promotion of illegal activities.

 

Use the Domain Responsibly

You promise to use the domain responsibly by recognizing that you are solely responsible for any content you post, and for any consequences thereof; by realizing that we may not monitor or control and, therefore, cannot take responsibility for such content; by setting a strong password (a combination of upper and lower case letters, numbers and symbols) for your Stage and safeguarding it; and by being accountable for any activities or actions under your password.

 

Never Mislead Others About Your Identity

You promise to never mislead others about your identity by impersonating another brand; by using a false identity; by creating a Stage for someone other than yourself without their permission; by creating a Suite for commercial purposes; by using someone else’s domain name as your username; by administering a Stage when you are not an authorized representative of the brand; by not using the actual name of your brand as your username; by using in your username terms that are generic, offensive, in bad taste, superfluous, or taglines; and by not using correct spelling, grammar, punctuation or syntax in your username.

 

Honor Other People’s Property

You promise to honor other people’s property by not posting or using their trademarks, copyrights, intellectual property, proprietary content, or personal information without their consent; by immediately surrendering any names, usernames, or logos that do not belong to you or any proprietary content that you do not have permission to use; by not using our copyrights or trademarks without our express authorization; and by filing an infringement notice in accordance with our Intellectual Property Guide if someone is using your property without your permission.

 

Do Not Compromise the Domain

You promise to not compromise the domain by uploading viruses, spyware or other malicious code; by doing anything that could disable, overburden, spam, disrupt, or impair the proper working of the domain; by attempting to breach or circumvent any security or authentication measures; or by accessing, searching, or attempting to access or search the domain by any unauthorized or automated means.

 

Preserve the Integrity of the Domain

You promise to preserve the integrity of the domain by not sending repeat mass invitations or messages; by not publishing or linking to malicious content intended to damage or disrupt anyone’s browser or computer or compromise their privacy; by not phishing or spamming anyone; by not posting pictures, tagging, or sending email invitations to people without their consent; by restricting access to your Stage as required under all applicable laws; and by reporting any suspicious activities.

 

Align Yourself with the Domain

You promise to align yourself with the domain by familiarizing yourself and complying with the terms and the applicable guides for each function that you use; by using the domain and buttons for their intended purposes only; by never seeking to exploit the domain; by always being guided by the common interests of the community; by acting in a manner consistent with our win-for-all philosophy; and by adding your voice to help make this community influential.

 

GENERAL COVENANTS

Internet Access

We do not provide you with access to the Internet or the equipment necessary to access the Internet or UNTHINK.com. You are responsible for the fees charged by other parties to obtain access to UNTHINK.com. You recognize that UNTHINK is not responsible for any reduced functionality resulting from, or in connection with, your use of UNTHINK.com via mobile phone or any other wireless means.

 

Cancelling Your Account

You can cancel your account by deleting your Suite or Stage at any time. This will remove your profile, content and other personal information from UNTHINK.com. Once your account is cancelled, you will have no right to use UNTHINK.com. These General Covenants will survive cancellation of your account.

 

Interruption of Service

We will endeavor to keep UNTHINK.com fully operational at all times, but you acknowledge that it may be necessary, for technical or other reasons, for us to temporarily discontinue providing UNTHINK.com, or any part thereof, with or without notice, but this will not cancel your account.

 

Our License to You

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software we provide you so that you can use UNTHINK.com. This license is intended to enable you to use and enjoy the domain, in accordance with its terms and guides. All rights, titles, and interests in and to the domain (excluding your Suite or Stage) are and will remain our exclusive property. Insofar as the domain and its features are protected by patent, copyright, trademark, and other laws of both the United States and foreign countries, nothing in the terms gives you a right to use the UNTHINK name or intellectual property. We welcome your feedback as a member of the community, and are free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

 

Payments

If you make a payment on UNTHINK.com, you agree to our Payment Terms.

 

Mobile

Our mobile services are free, but your carrier’s normal rates and fees, such as data and text messaging fees, will still apply.

 

Choice of Law, Forum Sel ection, and Arbitration

These Covenants will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. You agree that any dispute relating to UNTHINK.com will be submitted to binding arbitration in Hillsborough Country, Florida under the commercial arbitration rules of the American Arbitration Association, and that by so agreeing you waive your rights to file suit in any court and to seek class certification of any claims you may have. To the extent an arbitral decision is reviewed and for all other purposes, you further agree to submit to the personal and exclusive jurisdiction of the courts located in the Hillsborough County, Florida.

 

Severability

If for any reason a court of competent jurisdiction finds any provision or portion of the Covenants to be unenforceable, the remainder of the Covenants will continue in full force and effect.

 

Assignability

You may not assign any rights or delegate any obligations under these Covenants, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. These Covenants do not confer any third party beneficiary rights. The domain retains the right to freely assign all its rights and obligations in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

Matters Beyond Our Control

Without limiting the foregoing, under no circumstances will UNTHINK be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet and telecommunication equipment failures, force majeure, acts of God, war, governmental or judicial actions, or the non-performance of third parties.

 

Entire Understanding

These Covenants constitute the entire agreement between you and UNTHINK with respect to the subject matter hereof and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Covenants by a party will be effective only if in writing and signed by a party. When you use LeafRewards or any third party applications through the domain you agree to their rules, terms, and conditions.

 

Waiver and Enforcement

Our failure to enforce any right or provision of these Covenants will not be deemed a waiver of such right or provision. If you violate any of these Covenants or use the domain in any other way than its intended use, we reserve the right to act in any manner necessary to protect the rights of others and the status of the community. We reserve the right to enforce our rights at any time, and any delay will not be deemed a waiver of such rights.

 

Hold Harmless and Indemnity

You agree to hold harmless and indemnify, and at our request defend us, our subsidiaries and affiliates, and their respective owners, officers, managers, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on UNTHINK.com, or your content, and all resulting liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL UNTHINK, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, USERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, UNTHINK.COM, WHETHER OR NOT UNTHINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. UNTHINK WILL NOT BE LIABLE FOR ANY LOSS THAT YOU SUFFER FROM THE USE OF UNTHINK.COM, INCLUDING BUT NOT LIMITED TO ANY LOSS CAUSED BY UNTHINK’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH UNTHINK.COM OR ANY PART OF UNTHINK.COM YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING UNTHINK.COM. Some jurisdictions do not allow the exclusion or limitation of certain liabilities, so the above limitation and exclusions may not apply to you insofar as such exclusions and limitations are not permitted.

 

Disclaimers

We disclaim liability for any and all third party applications, websites, and content belonging to or created by others that you access from the domain.

 

We disclaim liability for any content others post on UNTHINK. You understand that by using UNTHINK.com, you may be exposed to content that might be offensive, harmful, inaccurate, deceptive, mislabeled, or otherwise inappropriate. We are not liable under any circumstances for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted on UNTHINK.com, emailed, transmitted or otherwise broadcasted elsewhere. We do not endorse any opinions expressed on the domain, or represent, support, or in any way guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted on the domain.

 

We disclaim liability for and do not warrant that UNTHINK.com will meet your requirements. You understand that we do not warrant that UNTHINK.com will meet your requirements and will be uninterrupted, error-free, timely, or secure; that defects or errors will be corrected; or that the domain or the server that make it available is free of viruses or other harmful components.

 

We disclaim any information, whether oral or written, obtained from the domain, that purports to create any warranty not expressly made herein.

 

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED ON UNTHINK.COM ARE PROVIDED ‘AS IS,’ ‘WITH ALL FAULTS,’ ‘AS AVAILABLE,’ WITH NO WARRANTIES WHATSOEVER. UNTHINK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.

 

YOUR USE OF UNTHINK.COM IS ENTIRELY AT YOUR OWN RISK and your use or reliance on any content or materials posted on UNTHINK.com is entirely at your own risk.

 

Amendments to these Emancipation Covenants

In the spirit of the domain, there will be no arbitrary term changes. We warrant that, while these Covenants may change from time-to-time, all such changes will be minor or as mandated by law, and that your protections will never be reduced without your explicit consent.

 

As we add new features to UNTHINK.com in the future, we may need to make changes or additions to these Covenants. If so, you will be asked to affirmatively accept the amendment. If you do not accept a change or addition, you may not be able to use the new feature associated with it.

 

We can’t predict how a community evolves, so we may also make changes or additions to these Covenants, if necessary, to protect the rights of others and the status of the community. If the need to make such an amendment arises, or is mandated by law, then we will notify you immediately of such change or addition.

 

Infallibility

We are not infallible. We have attempted to make these Covenants consistent with the spirit of the UNTHINK.com domain, but are open to feedback. If you have any concerns about these Covenants, or any suggestions on how we can improve them, please contact us.

 

These Covenants apply to your rights and responsibilities as an OWNER on the UNTHINK.com domain.

 

Our primary goal is to establish your rights as an OWNER and your responsibilities to the other OWNERS and to the UNTHINK.com social domain in order to protect everyone’s rights and the status of the community.

 

When you join UNTHINK.com, you acknowledge that you have read, understood and agree to be bound by the UNTHINK Deed and Privacy Policy. The UNTHINK Deed incorporates these Covenants and applicable law.

 

You affirmatively agree to these Emancipation Covenants by signing up for a Suite or Stage on UNTHINK.com.

 

UNTHINK.com is a service offered by UNTHINK Corporation.

 

‘UNTHINK,’ ‘we,’ ‘us,’ ‘our’ and ‘domain’ interchangeably refer to UNTHINK.com, UNTHINK Corporation and its subsidiaries.

 

UNTHINK © 2011

 

UNTHINK PRIVACY POLICY

The Spirit of the UNTHINK.com Privacy Policy

AFFORDED the protections of our Privacy Policy, you have settled on the UNTHINK.com domain, creating your very own ‘social microsite.’

 

In that spirit, this Privacy Policy provides for your protection and ensures your rights of OWNERSHIP and FREEDOM. You are no longer a USER of a social network. You are an OWNER settling on the UNTHINK.com social domain. You are in full control of your privacy.

 

People and Brands are the two types of OWNERS who can settle on the UNTHINK.com domain. People settle on Suites (personal accounts) and Brands settle on Stages (business accounts).

 

SUITES

STAGES

GENERAL

SUITES

The default privacy setting for all Suites is ‘Private/Only visible to owner’

People can decide what to share and with whom. No one can see or visit a Suite until the owner opens up the privacy settings. Each Suite owner determines the privacy of the different sections of their Suite. When Suite owners add a new person to their network, they also have the option to choose the relationship type and individualize reception, visibility, and access.

 

People can follow, friend, or connect with other people, thereby establishing different relationships with each person in their network. This way, you can include each person as you see fit in your public, social, lifestyle, and/or professional conversations.

 

People can individualize reception by sel ecting what information channels they want to subscribe to and receive updates from. This way, if you don’t want to be updated about every action of some of the people in your network, you can limit the information you receive about them.

 

People can individualize visibility by controlling who can see and can be seen by each new relationship. This way, if you have a very valuable or sensitive connection that you don’t want others in your network to know about, you can make it invisible.

 

People can individualize access to their Suite and sel ect which stories and content each person in their network can see and receive about them. This way, if for example you don’t want your boss to see your lifestyle choices, you can reveal only what you want.

 

People can individualize visibility of their different profiles so that they can present themselves as they like to different audiences. This way, you can allow friends to see your social profile while presenting a more suitable professional profile to your connections.

 

People can enjoy their Suite with an assurance of quiet enjoyment, undisturbed by advertisements. People can subscribe to brands of their own free will, remaining anonymous and in control of each interaction. This way, you choose the brands that you connect with; control when, where, what about, and how you interact; earn rewards from the brands that offer them; protect your privacy without ever being interrupted; and build mutually beneficial direct relationships with the brands that fit your lifestyle.

 

People can control their Suite, which adjusts to each person viewing it according to the owner-defined relationship and privacy settings. Your Suite is fully customizable, smart and 100% yours!

 

STAGES

The default privacy setting for all Stages is ‘Public/Visible from the Web’

Brands can set age, geographical, or other visibility limitations, in which case the Stage will no longer be visible from the Web and will only be visible to Unthinkers according to the Stage visibility limitations. A brand cannot create a private Stage.

 

Brands can pursue their commercial goals, seek interaction with people and solicit their participation, provided that they have adopted the UNTHINK win-for-all philosophy (people – business – nature) and communicate ‘In Partnership with Nature and People.’ This way, your brand can truly be part of the community, moving beyond the interruption model of old media by only engaging willing participants.

 

Brands can promote their Stage, gaining subscribers among consumers, other businesses, and potential employees without violating anyone’s privacy. This way, your brand can form mutually beneficial relationships and establish a direct communication channel with each subscriber without ever intruding on them, and enabling them to pull the information they want, when they want it.

 

Brands can communicate with people who become their subscribers by adding the brand’s Leaf to their Trees. This way, a direct communication channel is established between your brand and people who remain anonymous and in control of their privacy.

 

Brands can offer LeafRewards to their subscribers rewarding them for their communication loyalty and allowing them to remain anonymous until they choose to become customers. This way, your subscribers welcome every communication from you, as every update they pull from your Stage rewards them for their feedback.

 

Brands can reach non-subscribers via people’s anonymous GreenBoxes by rewarding them for taking the time to review their offer or adding their Leaf. This way, your brand can reach out to potential subscribers and build new relationships without being intrusive, or using interruptive ads or spyware.

 

Brands can receive valuable information about their subscribers and extensive analytics, without ever violating anyone’s privacy. This way, your brand can access anonymous lifestyle profiles that your subscribers willingly create in order to enable you to communicate relevant information to them.

 

Brands can seek social endorsements, thereby gaining prominent and exclusive placement on every Suite or Stage that endorses them, visible to everyone. This way, your brand enters into a social endorsement deal with the Suite or Stage owner covering all their maintenance costs in exchange for their endorsement.

 

Brands can build social relationships with confidence and security as they own and are in full control of their Stage. This way, your brand’s subscriber list is your property and we will never allow other brands to target their campaigns to your brand’s subscribers.

 

 

 

GENERAL

Collection and Use of Information

You grant us only a limited license for your intended use of content that you place on UNTHINK.com. You can terminate even that limited license at any time by deleting your content. Of course, if you have shared or released your content and information to other people, they may have copies or they may have shared it with others. Keep in mind that when you post on someone else’s Suite or Stage, that information is subject to that owner’s privacy settings.

 

We collect and store any personal information you provide to us during sign up and verification, your profile pictures, all the information contained in your profiles, the content you upload (text, images, video, audio, or any files, including any metadata), your relationships, your interactions with others (tags, comments, messages, relationships, actions, etc.), and any other information you provide or is contained in your Suite, Stage, or elsewhere on UNTHINK.com, until you delete it. We also store information about you provided by others on UNTHINK (photos, tags, comments, etc.). We do not collect information from third parties to supplement your profiles.

 

We do not store credit card information on our servers. If you provide us with payment information, we may share that information only as necessary to process your authorized payments.

 

We may collect information when you access UNTHINK from a computer, mobile phone, or other device, like your browser type, location, and IP address and the pages you visit inside UNTHINK.com, as required, to maintain security from hackers and for statistical purposes.

 

We use the information we collect to facilitate your use and enjoyment of UNTHINK.com. We do not sell, rent, or otherwise provide personally identifiable information to third parties without your consent, except where it is necessary to carry out your instructions. We may also use this information to make suggestions, help your friends find you if your privacy settings permit it, or send you site notifications by using your contact information. We also use information we collect from Suites and Stages for statistical purposes and to measure performance.

 

We share content and information about you and your activities on UNTHINK.com with others included in your loops or, if you are a brand, with your subscribers. For example, we share all your social information with your friends in accordance with your settings. We also make any content or information classified as public visible to all Unthinkers and the Web.

 

People can see part or all of other people’s Suites and content based on the Suite owner’s privacy settings, but brands can only see people’s anonymous lifestyle profiles. Sometimes, all or part of a Suite can be visible from the Web, depending on the owner’s settings. Suite owners can determine the privacy settings of their profiles and their search visibility.

 

People’s lifestyle profiles conceal all personally identifiable information like their names, profiles, images, and videos, only allowing brands to see anonymous lifestyle profiles.

 

JobsLeaf subscribers can choose between regular or blind subscriptions depending on whether or not they want to share personally identifiable information with employers.

 

Brands can send messages to their subscribers’ Trees and to the GreenBoxes of non- subscribers based on anonymous information people have provided in their Lifestyle Profile and statistical information we provide.

 

Stages are public by default and visible to everyone on the Web and to all Unthinkers unless there is an age, geographical or other restriction specified by the Stage owner.

 

Each brand’s subscriber list is the brand’s property. We do not let brands target their campaigns to another brand’s subscribers.

 

We do not share information about your activity on UNTHINK.com with third parties except as required by law, or as necessary to provide our services. We may disclose your information pursuant to subpoenas or court orders. See our Law Enforcement Guidelines for details on how we handle legal process.

 

Changing or Deleting Information

If you change any of your information on UNTHINK.com, we will not retain copies of the previous versions. If you instruct us to delete your account or any particular content that you have uploaded on UNTHINK, we will completely delete the content from our servers and maintain no copies unless you specifically instruct us to do so. However, we may not be able to delete what you have shared with or released to others. We may only retain anonymous statistical information that helps us monitor our site and its performance.

 

Both changes and deletions are fully effective on our servers within 24 hours, and are reflected on all our backups within ten days.

 

If we receive a formal request from the legal representative or next of kin of a deceased Suite or Stage owner, we will immediately delete their account.

 

Contracted Services

UNTHINK may from time to time use contracted service providers (‘Partners’) to host, provide, supplement, improve, promote, or help us monitor the use of UNTHINK.com. These Partners may have access to and/or store your information on their servers as part of fulfilling their contractual obligations to UNTHINK. These Partners may collect and/or store information sent by your browser as part of a web page request, such as cookies or your IP request. In all cases, these Partners have to abide by this Privacy Policy and limit their use of that information to the sole purpose of fulfilling their contractual obligations to UNTHINK.

 

Use of Cookies

We hate cookies! We and our Partners only use cookies to remember your login information, to keep you logged in, if necessary to provide a service you request, and generally for ease of your use and for statistical monitoring of the use of UNTHINK.com, Suites and Stages. If you are previewing a Suite or Stage, we use cookies to remember your settings until you complete the sign-up. We do not use cookies to spy on you or track your activities, on or off our site, and we do not allow any third parties to place tracking cookies on your computer through UNTHINK.com.

 

Security Measures

UNTHINK.com is built with physical, electronic and procedural safeguards to store and maintain your information in a secure environment. All information transmitted through the UNTHINK website is encrypted by using Secure Socket Layer (SSL) software. You may also be required to use a password to access certain pages on UNTHINK where certain types of your information can be changed or deleted. It is, therefore, important for you to protect against unauthorized access to your password, to emails that we send you, and to your computer. You take full responsibility for maintaining the confidentiality of your password. Furthermore, while we have implemented safeguards, you should be aware that Internet security technology rapidly changes. We cannot guarantee that the safeguards we have put in place today can protect your information from the threats of tomorrow, so we can’t guarantee that your information will be secure under all circumstances.

 

Storage of Information

We will collect, process and maintain your information in the United States, where privacy laws may not be as protective as in your home country. If you are using UNTHINK.com from outside of the United States, by providing your information to us you are consenting to the transfer of your information to the United States or other countries for processing and maintaining in a manner consistent with this Privacy Policy.

 

External Links

When you click on links posted within UNTHINK.com, you may leave our site. We are not responsible for the privacy practices of other sites and applications, and we encourage you to read their privacy policies before you provide them with any information.

 

Minors

We are not currently accepting children under age 13 to sign up for UNTHINK.com. If we become aware that a child under age 13 has provided any personal information about themselves to us, we will delete that information. If you become aware that we might have information from a child under age 13, please contact us.

 

For minors 13 years of age or older, we strongly recommend that they consult with their parents or legal guardians before signing up or sending any information about themselves to UNTHINK.com. We reserve the right to add special protections for minors at any time.

 

EU Safe Harbor

We adhere to the U.S. Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce’s website.

 

Amendments to this Privacy Policy

In the spirit of the domain, there will be no arbitrary term changes. We warrant that, while this Privacy Policy may change from time-to-time, all such changes will be minor or as mandated by law, and that your protections will never be reduced without your explicit consent.

 

As we add new features to UNTHINK.com in the future, we may need to make changes or additions to this Privacy Policy. If so, you will be asked to affirmatively accept the amendment. If you do not accept a change or addition, you may not be able to use the new feature associated with it.

 

We can’t predict every future threat, so we may also make changes or additions to this Privacy Policy, if absolutely necessary, to protect you or the security of the domain. If the need to make such an amendment arises, or is mandated by law, then we will notify you immediately of such change or addition.

 

Infallibility

We are not infallible. We have attempted to make this Privacy Policy consistent with the spirit of the UNTHINK.com domain, but are open to feedback. If you have any concerns about the terms of this Privacy Policy, or any suggestions on how we can improve it, please contact us.

 

This Privacy Policy applies to information that UNTHINK collects about you as a user of the UNTHINK.com website and our use of it.

 

Our primary goal is to protect your privacy. In the spirit of the domain, we only store or use the content you provide for two purposes: first, to achieve the purpose for which you submitted the content to us; and second, to protect each other and the domain from any malicious attacks.

 

When you join UNTHINK.com, you acknowledge that you have read, understood and agree to be bound by the UNTHINK Deed and Privacy Policy. This Privacy Policy is incorporated into and subject to the terms of the UNTHINK Deed and accompanying documents.

 

UNTHINK.com is a service offered by UNTHINK Corporation.

 

‘UNTHINK,’ ‘we,’ ‘us,’ ‘our’ and ‘domain’ interchangeably refer to UNTHINK.com, UNTHINK Corporation and its subsidiaries.

 

UNTHINK © 2011

 

 

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