Terms of use

Put simply, our terms of use are about mutual respect.  We 100% respect your right to privacy and the right to stop using Thriver at any time, in which case we make it easy for you to simply take a break, or fully delete your account and be forgotten across our member database.

But of course, our lawyers asked us to add some more detail, so here's the legal version.

Terms and Conditions Agreement

Last modified on October 29th, 2018.

 

Thriver is the "Social discovery and sharing" App that helps you live your best life.

We believe everyone is an expert at something, and they have useful knowledge to share. That’s why Thriver is free for everyone and allows you to:

  • Share tools, techniques and habits that help you live your best life.

  • Connect with the Thriver community and exchange ‘personal development’ content.

  • Remind yourself about the things that truly matter in your life.

 

This Terms and Conditions Agreement (the “Agreement”) for MVLS Digital PTY LTD (trading as, “THRIVER”) is a legally binding contract between you and MVLS Digital PTY LTD (the “Company”, “us”, “our”, and “we”). By registering for any type of Account (as defined below) or using THRIVER in any manner whatsoever, you agree to be bound by this Agreement in full.

We may replace or modify this Agreement at any time. After any modification or replacement, users with registered Accounts will be emailed a notification of the change. Your continued use of THRIVER after such a change will constitute your consent to be bound by the new Agreement.

In the event of a discrepancy between the numbered "plain English" summary above and the other terms of this Agreement, the other terms will control.

  1. Accounts and User Pages.

    1. In order to use certain features of THRIVER, you must register for a user account (“Account”). You represent and warrant that: (a) all information you submit to create an Account, or post through your Account, is truthful, complete, and accurate and (b) you will maintain the accuracy of such information. You may terminate your Account at any time, for any reason, by following the instructions on THRIVER. In addition, the Company may suspend or terminate your Account at any time for violating this Agreement or in the event that THRIVER ceases to operates or fundamentally changes its operating model.

    2. THRIVER may offer both regular Accounts (“Regular Accounts”) and premium Accounts (“Premium Accounts”). Both Account types may create user generated story pages (“User Pages”) or, if selected by another user, act as the manager of another person's User Page as a manager for that Page (“Trusted Nominee”). Premium Accounts may offer features not available to Regular Accounts, including the ability to create User Pages with more features or storage space.

    3. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Accounts are personal and may not be shared with any other person. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

    4. You may terminate your Account at any time. It may take the Company up to 90 days from termination to remove your User Pages and User Content from THRIVER.

  2. Use of THRIVER.

    1.  By using THRIVER, you agree that you will not, under any circumstance:

      1. license, assign, sell, rent, lease, transfer, distribute, host, or otherwise commercially exploit any portion of THRIVER, including any other person's User Content;

      2. modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of THRIVER;

      3. data-mine, index, reverse engineer, disassemble, crack, or access in an unauthorized manner, any portion of THRIVER; or

      4. copy, reproduce, or distribute any portion of THRIVER.

    2. In addition, by using THRIVER, you agree that you are at least 18 years of age and will not use THRIVER for any purpose which is commercial, illegal or in violation of the rights of any other person.

    3. We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue THRIVER with or without notice.  In such an instance, your Account and User Page may be deleted.  You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of THRIVER or any part thereof.

    4. When using THRIVER, you may encounter User Pages built by other people and links to third party sites. THRIVER is not responsible for any User Page content or third party links. You agree to access these third party User Pages and links at your own sole risk.

  3. User Content.

    1. You may build a User Page with text, photos, videos, sound, or other permitted content (collectively, “User Content”).  You are solely responsible for your own User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You will not post any User Content that is, in any way:

      1. untrue or deceptive;

      2. illegal or prohibited in any jurisdiction where it may be accessed;

      3. offensive, harassing, pornographic, or defamatory;

      4. malicious (including viruses, worms, trojan horses, or malicious code of any other type) or interferes with, or attempts to disrupt or circumvent, THRIVER's usage or security; or

      5. not owned by you, or has not been authorized for your use (provided that such authorization may included your appointment and acceptance as a Trusted Nominee).

    2. Our goal is to ensure that THRIVER is a safe and encouraging place for everyone. THRIVER reserves the right to modify, delete, or alter any User Content at any time if THRIVER believes, in good faith, that such User Content violates any term of this Agreement.

    3. The Company is not obligated to store, keep, or backup any User Content. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

    4. You hereby grant to the Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sub-licensable license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, solely for the purposes of including your User Content in THRIVER and otherwise fulfilling the terms of this Agreement and the THRIVER Privacy Policy.

  4. Intellectual Property.

    1. All of the copyrights, trademarks, patents, trade secrets, trade dress, and any other content other than User Content found throughout THRIVER (collectively, “Intellectual Property”), belongs solely to the Company or its respective licensor. You acknowledge that you have been granted no right, license, or assignment with respect to any Intellectual Property and that you will not use, share, distribute, sell, or modify any Intellectual Property, including derivates thereof.

  5. Indemnification.  

    1. You agree to indemnify, defend and hold harmless the Company, its officers, employees, and its agents (collectively “Company Affiliates”) from any claim, liability, expense, cost or demand made by any third party, including (without limitation) attorneys' fees and expenses, due to or arising out of (a) your use of THRIVER, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) your User Content.

  6. Disclaimer of Representations and Warranties.

    1. THRIVER AND ALL CONTENT, INCLUDING USER CONTENT, MADE AVAILABLE TO YOU THROUGH THRIVER OR THE COMPANY ARE PROVIDED BY US “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIMITATION), ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE CONTENT FOUND ON THRIVER. YOUR USE OF THRIVER IS SOLELY AT YOUR OWN RISK. 

  7. Limitation on Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR COMPANY AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO ACCESS OR USE, THRIVER OR ANY USER CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THRIVER IS AT YOUR OWN DISCRETION AND SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

    2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITING THE FOREGOING, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIVE HUNDRED AUSTRALIAN DOLLARS IN THE AGGREGATE.

  8. General.

    1. Content found on THRIVER may not be accurate or up to date. We have the right, but not the obligation, to update any information found to be inaccurate or outdated.

    2. This Agreement shall be governed exclusively by the laws of Australia without regard for the conflicts of law. Any dispute arising under this Agreement, relating to the subject matter hereof, or relating to your use of THRIVER, shall be brought exclusively in the courts of Australia.

    3. The communications between you and Company use electronic means, whether you use THRIVER or send us emails, or whether Company posts notices on THRIVER or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

    4. This Agreement and the THRIVER Privacy Policy constitute the entire agreement between you and us regarding the use of THRIVER. Either party's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

    5. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

    6. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. 

    7. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign this Agreement.  The terms and conditions set forth in this Agreement shall be binding upon assignees.

You may contact us via email at hello@thriverapp.com

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