Unthinkable

This website address is: https://www.unthinkable.care.

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Gravatars: Please don’t use Gravatars or similar image services on the Unthinkable site. An string created from your email address (also called a hash) may be provided to the Gravatar service, making your Unthinkable profile picture and/or more information visible to the public in the context of your comment on the Unthinkable site. So, please don’t use a Gravatar or similar service, and check your Gravatar and media service privacy policies.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

UGC Terms of Use

These are terms about User Generated Content (UGC). UGC refers to anything users share or post on Unthinkable.care – as well as content that users provide to Unthinkable – llc through other means.

Unthinkable – llc (together with its affiliates and assigns, “UNTHINKABLE”) may use content created and publicly posted by you or shared by you with UNTHINKABLE (hereafter the “User Generated Content”) in the following ways, and these Terms of Use for User Generated Content (“UGC Terms of Use”) shall govern such use.

Important Notice – this is a binding contract.

By using this site, uploading content, commenting and/or sharing information with UNTHINKABLE, you (“you”/ “your”) are entering into an agreement with Unthinkable and agree to be bound by these UGC terms of use, without limitation or qualification. Unthinkable reserves the right to modify these UGC terms of use anytime without notice by posting new versions, as well as reserves the right to provide additional material changes, with modifications and changes will be effective immediately. 

LICENSE AND RIGHTS

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you hereby irrevocably grant to UNTHINKABLE, as well as its respective licensees, successors, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies and other affiliates (collectively, the “Licensed Parties”), a worldwide, perpetual, fully-paid, royalty-free, transferable, sub-licensable right to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiative, or in products of any kind such as books, movies, etc., and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Generated Content in any manner in their sole discretion, with no obligation to you whatsoever.

You grant the Licensed Parties the right to use your username in connection with any use of your User Generated Content. You understand and acknowledge that UNTHINKABLE may modify the User generated Content for formatting, integration or other purposes, however, such modifications shall not materially distort such User Generated Content.  No advertisement, promotional medial or other material in any media containing your Name and/or Likeness related to the User Generated Content need be submitted to you for any further approval for use by the Licensed Parties.

You acknowledge and agree that (i) the User Generated Content was created by you and that you own or control all rights in such User-Generated Content, such that you have all necessary licenses, rights, consents and permissions to publish the User Generated Content and to grant the rights granted herein, including permission from all person(s) appearing in your User Generated Content; (ii) you are not a minor; (iii) you have the full right, power and authority to grant the rights described in these UGC Terms of Use; (iv) the exercise by UNTHINKABLE of its rights under these UGC Terms of Use will not violate the rights of any third party or any applicable laws, rules or regulations, including, without limitation, consumer protection, privacy and trade laws; and (v) the User Generated Content does not contain any worms, viruses or other harmful code.  

Unsolicited content, suggestions, feedback and product ideas: Any material, information or other communication you transmit or post to this site or provide to us in any way (contact form, email, conversations, etc.) will be considered as non-confidential and as your non-proprietary communications. UNTHINKABLE shall have no obligations with respect to the communications, except as may be set forth in these terms. UNTHINKABLE and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use the communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of your submission. Unthinkable – llc is under no obligation to post or use any submission you may provide and Unthinkable – llc may remove any submission at any time in its sole discretion.

Limitation of Liability

To the fullest extent permissible under applicable law, unthinkable, any third party sublicensee of unthinkable, and its and their respective officers, directors, employees, contractors and agents, are not liable for any direct, incidental, consequential, special, indirect, punitive or similar damages arising out of or resulting from these UGC terms of use, including without limitation, damages for harm to business, lost profits, lost savings, or lost revenues, however such damages are caused and whether based in contract, tort (including negligence) or any other theory of liability. The foregoing limitations shall apply regardless of whether you have been advised of the possibility of such injury, damages, losses or expenses.

In the event the user generated content causes any technical disruption, you agree to be responsible for any and all liabilities and costs and expenses (including attorneys’ fees and expenses) arising from any and all claims brought by third parties based upon such technical disruptions. Without limiting the foregoing, you shall be solely liable for any damages, losses, costs or expenses arising out of infringement of proprietary rights or any other harm arising from the user-generated content.

INDEMNITY & RELEASE

(a) You agree to indemnify, defend and hold UNTHINKABLE, its agents, suppliers, licensees, successors, or assigns, and/or its and their respective officers, directors, employees, contractors and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of any breach by you of these UGC Terms of Use.

(b) Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these UGC Terms of Use. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

TERMINATION

These UGC Terms of Use are effective until terminated by UNTHINKABLE, with or without notice to you. Those terms and conditions of these UGC Terms of Use that, by their nature, are intended to survive termination (e.g., Limitation of Liability, Indemnity and Release) shall so survive.

ENTIRE AGREEMENT/WAIVER

These UGC Terms of Use are governed by the laws of the State of California.  You hereby consent to personal jurisdiction and venue in the state and federal courts located in Sonoma County, California.

These UGC Terms of Use constitute the entire agreement between you and UNTHINKABLE with respect to the User Generated Content. The failure of UNTHINKABLE to exercise or enforce any right or provision of these UGC Terms of Use shall not constitute a waiver of such right or provision. If any provision of these UGC Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these UGC Terms of Use, which shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these UGC Terms of Use must be filed within one (1) year after such claim or cause of action arose. These UGC Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these UGC Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If requested, you will sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have granted to UNTHINKABLE under these UGC Terms of Use.