Terms of Use

Effective Date - 12/1/2017

1. Free Gumby’s World Prize offer is available for a limited time only and while supplies last.

2. If you are Under 13, your PARENTS PERMISSION IS REQUIRED to receive free prizes.

3. Free Prizes offer is only available in the United States of America

4. Free Prizes offer can be withdrawn at any time.

5. Free Prizes offer is only available through Gumby’s World App

6. GUMBY and Gumby characters are registered trademarks of Prema Toy Co., Inc.
All rights reserved. © 2017 Prema Toy Co., Inc.

7. Prema Toy Co., Inc. and Gumby’s World can not be held responsible for loss or damage or delays or of your free toy in transit.

8. We reserve the right to change the toys shown at any time.

9. The free toy received by the customer may differ from the one chosen by them.

10. A maximum of two free Gumby’s World toys are allowed per household per day

12. Maximum of 3 free Gumby’s World toys per household.

13. Shipping is FREE and will attempt to provide a rapid receipt of your prize but allow up to 2 weeks for delivery.

14. No cash or credit of any type is offered in exchange for the Free Gumby’s World toy.

1. Acceptance of TOU. Welcome to thinku.com Terms of Use (“TOU”). The TOU describes the rules you must follow in order to visit and use thinku.com (the “App”). IF YOU ARE UNDER THE AGE OF 18, PLEASE HAVE YOUR PARENTS REVIEW THE TOU WITH YOU. By using the App, you are accepting and agreeing to follow the rules of the TOU. If you or your parents do not agree to the TOU, do not use the App. We may change the TOU at any time without notice, and any changes will be included in the TOU. Please check the TOU for changes. Your continued use of the App after the TOU has been changed constitutes your acceptance of such changes. The App is owned and operated by Think University LLC (“ThinkU”, “we”, “our” or “us”).
Our App offers users the ability to play games and to win prizes in Gumby’s World. You must become a registered user to access certain portions of the App. Certain premium content is available solely to members at additional cost. If you are under the age of 18, you must obtain your parent’s permission to become a registered user or a member.
ATTENTION PARENTS: If you do not agree to your child’s acceptance of the TOU, please contact us at support@gumbysworld.com.

2. Use of App and Content. The App, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the App (“Content”), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of ThinkU and various third party owners. Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the App and the Content solely for personal entertainment uses, and for no other purpose. You may not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, the App or any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. You acquire no ownership rights by downloading copyrighted material.

3. Code of Conduct. While using the App and the Content, you will: (a) Comply with all federal, state and local laws that apply to your use of the App; (b) Refrain from posting or transmitting through the App any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); (c) Refrain from posting or transmitting material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or contains advertising or any solicitation; (d) Refrain from using the App and the Content in a manner that could damage, disable, overburden or impair any server, or the network(s) connected to any server of ThinkU, its affiliates or service providers, or interfere with any other party’s use and enjoyment of the App; (e) Not attempt to gain unauthorized access to the App or any services, other accounts, computer systems or networks connected to any server or to any of the services, through hacking, password mining or any other means; (f) Refrain from uploading, posting or making available on the App any User Content (as defined below) protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any is not protected by copyright rests with you
We make no warranties or representations related to the Content or the App and disclaim all liability for errors or omissions in the information presented. You acknowledge that we do not ordinarily monitor User Content. We reserve the right to refuse to accept or remove any User Content that is, in our sole discretion, unacceptable, and to disclose User Content to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the App or the Content. You acknowledge that you use the App at your own risk.
Please exercise care in selecting your user name. Do not select a user name that will identify your first and last names.

4. User Content. By submitting information, remarks, ideas, suggestions, inventions, graphics, images, photographs or other materials (“User Content”) through the App, you grant to ThinkU an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, sublicense, distribute, market, sell, display, modify, create derivative works from and transmit such User Content for any purpose. You waive any moral or author’s rights or rights to attribution completely and irrevocably. We shall not be subject to any obligations of confidentiality regarding any User Content that you submit except as specified in our Privacy Policy, or as otherwise specifically agreed to or required by law. You understand that all User Content you submit through the App is your responsibility.

5. Indemnification. You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, transmit or otherwise make available, your use of the App or the Content, your connection to the App, your violation of the TOU, or your violation of any rights of another party.

6. Trademarks. Unauthorized use of trademarks, service marks or logos owned by ThinkU or its third party provider is strictly prohibited and may also be a violation of federal and state trademark laws.

7. Copyright. The App is protected by U.S. copyright laws and owned by us, our affiliates, and certain third party providers. Except as expressly provided in this TOU, you may not use, reproduce, modify, transmit, distribute or publicly display any part of the App or the Content without our prior written consent.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. our address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the App can be reached by directing an e-mail to the Copyright Agent at support@gumbysworld.com, or by letter sent postage prepaid to ThinkU, 1100 Sycamore Dr, Floor 7, Cincinnati, OH 45202, Attention: ThinkU Copyright Agent.

8. Redemption Terms and Conditions. We may offer you the ability to redeem points for certain items described on the App. These items may change from time to time in our sole discretion. We do not guarantee the availability of such items. You are responsible for the payment of all taxes, shipping and insurance charges for the items. We reserve the right to suspend or terminate this redemption program at any time.

9. Contests. We may sponsor contests from time to time, and you may send a contest submission to us in order to be eligible to receive a prize. We will provide rules for such contests on the App.

10. Disclaimer of Warranties. THE APP, THE CONTENT AND ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE APP ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP, THE CONTENT OR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

11. Limitation of Liability. YOUR USE OF THE APP AND RECEIPT OF PRODUCTS AND/OR SERVICES IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE APP, THE SERVICES, THE PRODUCTS, THE CONTENT, OR USER CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APP OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL WE OR ANY THIRD PARTY PROVIDER OR ANY OF OUR OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE APP, THE SERVICES, THE PRODUCTS, THE CONTENT OR THE USER CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE “DISCLAIMER OF WARRANTIES” AND “DISCLAIMER OF LIABILITY” SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF THINKU UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

13. Governing Law. The TOU shall be governed in all respects by the laws of the State of Ohio, USA, without reference to its choice of law rules. By accessing the App you understand and agree that all transactions take place in Hamilton County, Ohio and agree that the federal and state courts in Erie County, Pennsylvania have exclusive jurisdiction over any disputes with ThinkU arising from or related to your use of the App or any of the products or services or Content or User Content on the App. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.

14. Statute of Limitations. Except for claims arising from your misuse of the App or the Content, or claims arising from the User Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Third Party Links. The App may contain links to third party Apps. We make no representation regarding the content or accuracy of any App that you may access through the App. We do not monitor and are not responsible for the content found on other Apps that are linked from the App. We do not imply endorsement, recommendation or sponsorship for any linked App or the services, products or advice described on the site, and we shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of ThinkU.

16. Third Party Services. We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

17. Security. We do not make warranties or representations regarding the security of Content or User Content. Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet

18. User ID and Password. If you are a registered user, you are required to have a user ID to access certain areas of the App. You are responsible for maintaining the confidentiality of your user ID and are responsible for all uses of them, regardless of whether the uses were authorized by you. We prohibit the transfer or sharing of user IDs. You agree to immediately notify us of any unauthorized use of your user ID or any other breach of security.

19. Termination. You agree that we may, in its discretion, and without prior notice, immediately terminate your access to the App.

20. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this TOU.

21. Waiver. Our failure to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.

22. Headings. The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.

23. Violation of TOU. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this TOU and the Privacy Policy (which is incorporated by reference), including, but not limited to, the right to block access from a particular internet address to the App.

24. Entire Agreement; Severability. This TOU, the for the App and the rules for redeeming points described on the App (the Privacy Policy and these rules are incorporated by reference and made a part hereof) constitutes the entire agreement between you and us relating to the use of the App. Additional terms and conditions may apply when you enter contests, use any Third Party Services or access any linked Apps. Should any provision of our TOU be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions. The TOU may not be assigned by you.

25. Contacting ThinkU. If you have App questions, comments, or concerns, please email support@gumbysworld.com. Please include details of your questions, comments or concerns and your complete name and contact information.

26. Location. At this time Gumby’s World app is only available to players that reside in the United States of America. By agreeing to the TOU, you acknowledge that you reside in that country.