1. ACCEPTANCE OF TERMS AND CHANGES TO TERMS
2. LICENSESMindTime’s Grant
We grant to you a limited license to make personal use of the Websites or Services. This license expressly excludes, without limitation, any resale, modification, or commercial use (such as data mining or any other data gathering or extraction methods) of the Websites or Services or any portions thereof without our express written permission. You may not use any of our trademarks, service marks, copyrights, patents or other proprietary rights without our express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, surveys, or other proprietary information of MindTime without our express written permission. Any unauthorized use terminates the license granted in this paragraph.Your Grant
By visiting the Websites or using the Services, you automatically grant to us a perpetual, nonexclusive, worldwide, royalty free, irrevocable and fully sublicensable right and license to download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute any content you supply, including without limitation any survey responses, for any purpose. We do not assert any ownership over your content and you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.
3. ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR CONDUCT
The Websites and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws and regulations. In particular, you agree not to post, email, or otherwise make available the following:
You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these TOU and will not cause injury to any person or entity; and that you will indemnify us for all claims arising from your content. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content submitted by you or any third party affiliated with you.
We have the right, but not the obligation, to monitor any activity and content associated with the Websites or Services. We may investigate any reported violation of our policies and take any action we deem appropriate, including terminating your access to the Websites or Services without notice. We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including user contact details, IP addressing, responses to survey questions, or other content you submitted. By using the Websites or Services, you expressly consent to the foregoing use and disclosure.No Spam Policy
While we encourage you to refer friends, family, colleagues, and others to use the Websites or Services, you may do so only through methods that are consistent with these TOU as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Websites or Services or any other intellectual property of MindTime to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Websites or Services to violate the TOU. We may terminate your access or use of the Websites or Services immediately and take any other legal action if you or anyone affiliated with you violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks. Incidents of “spamming” or similar inappropriate behavior should be reported to us at firstname.lastname@example.org.
4. CLAIMS OF INFRINGEMENTNotification And Procedure for Making Infringement Claims
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at
MindTime Technologies, Inc.
524 San Anselmo Ave #114
San Anselmo, CA 94960
Your notice must contain the following information:
We will remove the infringing content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
Sections 1, 5, 7, 8, and 9 shall survive termination of the TOU.
7. PROPRIETARY RIGHTS
The Websites and Services are protected to the maximum extent permitted by U.S. and foreign laws and international treaties. The copyrights, trademarks, service marks, or other proprietary rights are either owned by MindTime Technologies, Inc. or by other parties who have licensed their intellectual property to MindTime Technologies, Inc. For example, we own a copyright in the compilation (meaning the collection, arrangement, and assembly) of all materials on the Websites or Services, and we own trademarks over the logo, certain phrases, the look and feel, color combinations, and any graphical elements on our Websites. Material from the Websites or Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission. Use or modification of our intellectual property in any form without our express written authorization is a violation of our proprietary rights and is strictly prohibited.
8. WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNITYDisclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITES OR SERVICES IS ENTIRELY AT YOUR SOLE RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT, EXPRESS OR IMPLIED, (i) THAT THE WEBSITES OR SERVICES, INCLUDING ITS CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, OR ERROR FREE; (ii) THAT THE WEBSITES OR SERVICES WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; AND (iv) THAT THE WEBSITES OR SERVICES ARE NONINFRINGING. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITES OR THE SERVICES. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.Limitations of Liabilities
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITES OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITES OR SERVICES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANYONE AFFILIATED WITH YOUR BECAUSE OF YOUR OR THE THIRD PARTY’S USE OR MISUSE OR RELIANCE ON THE WEBSITES OR SERVICES. Certain jurisdictions do not allow limitations of liability. In such jurisdictions, some of the foregoing limitation may not apply to you.Indemnity
You agree to defend, indemnify, and hold harmless MindTime Technologies, Inc. and our affiliated companies, officers, directors, employees, affiliates, service providers, and agents from all liabilities, claims, expenses or judgments, including attorney's fees and court costs that arise from the use or misuse of the Websites or Services or violation of the TOU by you or anyone affiliated with you. If you violate these TOU, we may pursue any legal or equitable remedies in addition to terminating your access to the Websites and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. GENERAL PROVISIONS
© Copyright 2012 MindTime Project LLC