Terms of Service

Terms & Conditions

Last updated: July 20, 2025

These Terms & Conditions (“Terms”) govern your access to and use of the Thumdar.com website, services, community spaces, downloadable content, and any related features (collectively, the “Service”). By registering for an account, accessing, or using the Service in any way, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

1. Definitions

• “Thumdar,” “we,” “us,” or “our” refers to Thumdar.com, owned and operated by Domenick Basolo.
• “User,” “you,” or “your” means any individual or entity accessing or using the Service.
• “Content” means all text, images, video, audio, code, or other materials available on or through the Service.
• “User Content” means Content that you submit, post, or otherwise make available through the Service.

2. Eligibility & Account Security

• Age Requirement: You must be at least 18 years old to use the Service.
• Account Information: You agree to provide accurate, current, and complete information during registration and to update it promptly on any changes.
• Credential Protection: Keep your password and account credentials confidential. You are solely responsible for all activities conducted through your account.

3. Acceptable Use & Community Standards

You agree not to use the Service to:

• Harass, threaten, bully, or defame others;
• Post hate speech, pornography, or graphic violence;
• Upload malware, spyware, or any code intended to disrupt or damage the Service;
• Impersonate any person or entity, or misrepresent your affiliation;
• Solicit or advertise without our prior written consent (“spam”);
• Violate any applicable law, regulation, or third-party right.

Enforcement: We may remove content, suspend, or terminate accounts that violate these standards without prior notice.

4. User Content, Licensing & “Free-For-All, Always”

• Ownership: You retain all ownership rights in your User Content.
• License to Thumdar: By posting User Content, you grant Thumdar a perpetual, worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content.
• Free-For-All: All downloadable assets, mods, and software we host are permanently free. You may not charge for or restrict access to any Thumdar-hosted downloads.

5. Downloadable Content License & EULA

All downloadable software and digital assets are governed by our End-User License Agreement (EULA):

• License Grant: We grant you a non-exclusive, non-transferable, revocable license to use downloads for personal, non-commercial purposes.
• Restrictions: You may not sublicense, sell, redistribute, reverse-engineer, decompile, or modify our downloads except where expressly permitted.
• No Warranty: Downloads are provided “AS-IS,” with no warranties—express or implied. See Section 13.

6. Intellectual Property & Brand Ownership

• Trademarks: “Thumdar” and our solid, bold red “T” logo are our registered trademarks. You may not use them without our prior written permission.
• Copyright: All Content on the Service is protected by copyright law. Except as expressly provided, you may not copy, reproduce, republish, or redistribute any content.
• Infringement Notices: If you believe your IP has been infringed, submit a detailed takedown notice to legal@thumdar.com.

7. Privacy & Data Protection

We collect and process personal data in accordance with our Privacy Policy and applicable laws (CCPA/CPRA, NDPA, Nevada Consumer Health Data Privacy, and others):

• Data We Collect: Registration data (e.g., name, email), usage data (e.g., IP address, device type), and any User Content you submit.
• Use of Cookies: We use cookies and similar technologies for functionality, analytics, and advertising. You may manage cookie preferences via our Cookie Policy.
• Data Retention: We retain personal data only as long as necessary for Service operation, legal compliance, or legitimate business purposes, per our Data Retention Policy.
• California, Nebraska & Nevada Rights: Residents may request access, correction, deletion, or restriction of their personal data. To exercise these rights, contact legal@thumdar.com.
• Children’s Privacy: We do not knowingly collect data from users under 18.

8. Accessibility

• Thumdar strives to meet recognized accessibility standards. If you encounter barriers, please request assistance at webmaster@thumdar.com.

9. Safety & Security

• We employ industry-standard technical and organizational measures to protect your data. However, no system is impenetrable. You are responsible for maintaining strong passwords and safeguarding your credentials.

10. Enforcement, Suspension & Banning

• Suspension/Termination: We may suspend or terminate your access for violations of these Terms or any Thumdar policy, at our sole discretion.

Appeals: To appeal a suspension or ban, email webmaster@thumdar.com within 14 days, providing your account information and the reason you believe the enforcement was in error.

11. Communications & Emails

By creating an account, you consent to receive transactional messages (e.g., password resets, security alerts) and promotional emails. You may opt out of promotional emails via the “unsubscribe” link in any message.

12. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

13. Limitation of Liability

IN NO EVENT SHALL THUMDAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Indemnification

You agree to indemnify, defend, and hold harmless Thumdar and its affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of law, or infringement of any third-party rights.

15. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Nebraska, USA, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction of the state and federal courts located in Nebraska County, Nebraska.

16. Changes to These Terms

We may amend these Terms at any time. Revised Terms will be posted here with an updated “Last updated” date. Continued use of the Service after changes constitutes your acceptance.

17. Contact Information

If you have questions or need to send notices under these Terms, contact us at:

Email: legal@thumdar.com