Terms of Service

This Terms & Conditions document (the "Terms") is a legally binding agreement between you ("you" or "User") and Sunder LLC ("Sunder," "we," "us," or "our"). These Terms govern your access to and use of the "Thing City" mobile application and services (the "Service").

By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Your Account

To use the Service, you must log in via a third-party authentication provider (Google or Apple). You are responsible for maintaining the security of your third-party account (e.g., your Google account). Sunder LLC is not liable for any loss or damage arising from your failure to secure your provider account.

3. Privacy Policy

Our Privacy Policy, which is available at thingcity.net/privacy, describes how we collect, use, and protect your personal information. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

4. User Content

A. Ownership

You retain all ownership rights to the posts, reviews, ratings, and lists you create on the Service ("User Content").

B. License Grant to Sunder LLC

By posting User Content, you grant Sunder LLC an unrestricted, non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-paid, transferable, and sublicensable right and license to host, store, use, copy, display, reproduce, modify, reformat, translate, excerpt, publish, broadcast, and distribute your User Content (including your username) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content. This license will apply to any form, media, or technology now known or hereafter developed.

C. Public Nature of Content

All User Content you post is public, non-confidential, and non-proprietary. You grant Sunder LLC the right to make this content available to other users and the public.

D. Our Right to Manage Content

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any User Content; (2) to re-categorize any User Content to place them in more appropriate locations on the Service; and (3) to pre-screen or delete any User Content at any time and for any reason, without notice. We have no obligation to monitor your User Content.

5. User Representations and Prohibited Conduct

By creating or posting User Content, you represent and warrant that:

• Ownership: You are the creator and owner of your User Content or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us to use your User Content in the manner contemplated by the Service and these Terms.
• Third-Party Rights: The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• Likeness Consent: If your User Content includes the name or likeness of any identifiable individual, you have the written consent, release, and/or permission of each and every such identifiable individual person.
• Accuracy: Your User Content is not false, inaccurate, or misleading.

Furthermore, you agree not to do any of the following:

• Harmful Activity: Upload viruses or malicious code, or do anything that could disrupt, disable, overburden, or impair the Service.
• Scraping: Use any bot, spider, scraper, or other automated means to access the Service or extract data (including book information, user posts, or lists).
• Spam: Engage in unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, or mass mailings.
• Infringement: Post content that infringes on any third party's intellectual property, privacy, or publicity rights.
• Objectionable & Hateful Content: Post any User Content that is (as determined by us) obscene, lewd, lascivious, violent, harassing, libelous, slanderous, defamatory, or otherwise objectionable. This includes content that:
  • Ridicules, mocks, disparages, intimidates, harasses, or abuses anyone.
  • Advocates the violent overthrow of any government or incites, encourages, or threatens physical harm against another.
  • Includes any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Protecting Minors: Post any content that violates any federal or state law concerning child pornography, solicits personal information from anyone under the age of 18, or exploits people under the age of 18 in a sexual or violent manner.
• Illegal Activity: Post any content that violates any applicable law, regulation, or rule.

Any use of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Service, without prior notice.

If you encounter any content that you believe violates these terms, please report it using the in-app reporting tool or by contacting us at support@thingcity.net.

6. Intellectual Property & DMCA Policy

A. Our Intellectual Property

All parts of the Service (excluding User Content), including the "Thing City" name, logo, code, and design, are the exclusive property of Sunder LLC.

B. DMCA (Copyright Infringement) Policy

Sunder LLC respects intellectual property rights. If you believe your copyrighted work has been infringed upon by User Content on our Service, please notify us.

To be effective, your notification must be in writing and sent to our designated agent at support@thingcity.net. It must include:

• A physical or electronic signature of the copyright owner (or a person authorized to act on their behalf)
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, and information to help us locate it
• Your contact information (address, phone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information in the notification is accurate, and (under penalty of perjury) that you are authorized to act on behalf of the copyright owner

Sunder LLC will also, in its discretion, terminate the accounts of users who are determined to be "repeat infringers."

7. Disclaimers and Limitation of Liability

• "As Is" Service: The Service is provided "AS IS," without warranty of any kind. We do not warrant that the Service will be uninterrupted, secure, or error-free
• Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUNDER LLC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES

IN NO EVENT SHALL SUNDER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT OF FIFTY U.S. DOLLARS ($50.00).

8. Apple App Store Specific Terms (Mandatory)

If you are using the Service on an iOS device, the following terms apply:

• Acknowledgement: This agreement is solely between you and Sunder LLC, not with Apple Inc. ("Apple")
• Support: Sunder LLC, not Apple, is solely responsible for providing any maintenance and support services for the Service. You acknowledge that Apple has no obligation whatsoever to furnish any support for the Service
• Product Claims: Sunder LLC, not Apple, is responsible for addressing any claims you or any third party may have, including (i) product liability claims; (ii) any claim that the Service fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation
• Intellectual Property: In the event of any third-party claim that the Service infringes that third party's intellectual property rights, Sunder LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties
• Third-Party Beneficiary: You and Sunder LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary

9. Termination

A. Termination by You

You may terminate this agreement at any time by deleting your account from within the Service.

B. Termination by Sunder

We may suspend or terminate your account and access to the Service at any time, for any reason or no reason, in our sole discretion, including for any violation of these Terms.

C. Effect of Termination

Upon termination, your right and license to use the Service ceases immediately. The following sections shall survive termination: 4.B (License Grant), 4.C (Public Nature), 6 (Intellectual Property), 7 (Disclaimers), 9.C (Effect of Termination), and 11 (Governing Law & Dispute Resolution).

As you agreed in Section 4.B, your license grant to Sunder for User Content is perpetual. We are not obligated to delete your User Content upon termination, unless you explicitly deleted it prior to termination. However, following termination, we will anonymize your public-facing User Content by removing its association with your username and personal account.

10. Changes to Terms

Sunder LLC reserves the right to modify these Terms at any time. We will post the most current version of these Terms within the Service or on our website. If we make material changes, we will notify you via the Service or by other means (e.g., email). Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

11. Governing Law & Dispute Resolution

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in King County, Washington for the purpose of litigating all such claims or disputes.

12. Contact Us

If you have any questions about these Terms, please contact Sunder LLC at: support@thingcity.net.