Terms of Use
Acceptance and Modification
By using or accessing this website, purchasing software or other products, you agree
to be bound by these Terms of Use and by the Privacy Policy of Mindity, which are
collectively referred to as the “Agreement.” This is a legal agreement between you
and Mindity. Please read the Agreement carefully. If you do not agree to these terms
then you may not use the Mindity Sites, Mindity Software or access any Content.
Although you may be asked to indicate your assent to the terms of this Agreement
only once (for example, when you register for a Mindity account), the terms of this
Agreement, as modified by Mindity from time to time in accordance with the next
paragraph, will govern all Content (as defined below) that you submit to the Sites
and Software now or in the future and all your future use of the Sites and Software.
You also agree to ensure that anyone who uses this software on your computer also
abides by the Terms of Use.
Mindity may revise these Terms of Use and the Privacy Policy from time to time.
Each revision will be marked with a revision date and will be posted on the Sites,
and Mindity recommends that you review them from time to time to note any changes.
By continuing to access or use the Sites, you agree to be bound by any Terms of
Use and Privacy Policy in effect at the time of such access or use. If you do not
agree to the modified terms then you must cease to use the Sites, Software or access
any Content.
Mindity may modify, suspend, or discontinue, temporarily or permanently, the Sites,
Software, Services and may remove, modify, or delete any Content at any time, in
its sole discretion.
Privacy
We believe the privacy of all our users is important. Please review our privacy
policy relating to the collection and use of your personal information.
Use of Mindity Software
Mindity software, sometimes referred to as (the “Software”) and accompanying documentation
that are made available by download from this Site are the copyrighted work of Mindity.
Use of the Software is governed by the terms of the end user license agreement that
accompanies or is included with such Software and is also referenced on this website.
You will not be able to download or install any software that is accompanied by
or includes an end user license agreement unless you agree to the terms of such
end user license agreement. If you do not agree to such terms, you will not be able
to use the Software. You may not decompile, reverse engineer or otherwise attempt
to discover the source code of the Software available on the Site.
Warranties and Disclaimers
You acknowledge that Mindity has no control over, and no duty to take any action
regarding: which users gain access to the Site, Service or Software; what effects
the Content may have on you; how you may interpret or use the Content; or what actions
you may take as a result of having been exposed to the Content. You release Mindity
from all liability for you having acquired or not acquired Content through the Site.
The Site may contain, or direct you to sites containing, information that some people
may find offensive or inappropriate. Mindity makes no representations concerning
any content contained in or accessed through the Site, Services or Software and
Mindity will not be responsible or liable for the accuracy, copyright compliance,
legality or decency of material contained in or accessed through the Site. THE SERVICE,
CONTENT, SOFTWARE AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Mindity
be liable for any special or consequential damages that result from the use of,
or the inability to use, the materials, the site, or any other web site, even if
Mindity or a Mindity authorized representative has been advised of the possibility
of such damages. Applicable law may not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation or exclusion may
not apply to you. No advice or information, whether written or oral, obtained by
you from Mindity or from or through the site shall create any warranty not expressly
stated in the terms of use. In no event shall Mindity’s total liability to you for
all damages, losses, and causes of action (whether in contract, tort (including,
but not limited to, negligence) or otherwise) exceed the amount paid by you, if
any, for purchasing any materials or products.
Term of Use
The license for use of the Site and the Materials is effective until terminated.
You may terminate it at any time by destroying the Materials together with all copies
thereof. This license will terminate upon conditions set forth elsewhere within
this Terms of Use or if you fail to comply with any term or condition of this Terms
of Use. In such event, no notice shall be required by Mindity to effect such termination.
Upon termination of this Terms of Use, you agree to destroy the Materials together
with all backup copies, modifications, printed or written materials, and merged
portions in any form, or return same to Mindity at your expense.
Links to Third Party Sites
The Sites may contain links to third-party websites or resources. You acknowledge
and agree that Mindity is not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or services
on or available from such websites or resources. Links to such websites or resources
do not imply any endorsement by Mindity of such websites or resources or the content,
products, or services available from such websites or resources. You acknowledge
sole responsibility for and assume all risk arising from your use of any such websites
or resources.
Please remember that we do not monitor the contents of these community features
and cannot be held responsible for the User Materials. Therefore, we apologize in
advance for any offensive or otherwise displeasing User Materials.
Accounts and Security
Mindity does not warrant that the functions contained in the service provided by
the Site will be uninterrupted or error-free, that defects will be corrected or
that this service or the server that makes it available will be free of viruses
or other harmful components.
As part of the registration process, each Patron will select a password (“Password”)
and User Name (“User Name”). Failure to do so shall constitute a breach of this
Terms of Use, which may result in immediate termination of your Account. You may
not (i) select or use a User Name of another person with the intent to impersonate
that person; (ii) use a name subject to the rights of any other person without authorization;
or (iii) use a User Name that Mindity, in its sole discretion, deems inappropriate
or offensive.
You shall notify Mindity of any known or suspected unauthorized use(s) of your Account,
or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password. You shall be responsible for maintaining the confidentiality
of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your Account, at Mindity’s sole discretion, and you may be reported to appropriate
law-enforcement agencies.
Notification of Copyright Infringement
Mindity will investigate notices of copyright infringement and take appropriate
actions. If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or on sites
linked to from this Site, please notify Mindity.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Mindity’s Designated Agent, as follows:
1. Name of Agent Designated to Receive Notification of Claimed Infringement
2. Full Address of Designated Agent to Which Notification Should be Sent
3. Telephone Number of Designated Agent
4. Facsimile Number of Designated Agent
5. E-mail Address of Designated Agent
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
material;
- Information reasonably sufficient to permit the service provider to contact the
Complaining Party, such as an address, telephone number, and if available, an electronic
mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the Complaining Party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Governing Law
By accessing this Site, you and Mindity agree that all matters relating to your
access to, or use of, this Site shall be governed by and construed in accordance
with the laws of Germany, without giving effect to any principles of conflicts of
law.
Trademarks
All other trademarks not owned by Mindity or any of its related companies that appear
on this site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Mindity.
QuickTime is trademark of Apple Inc., registered in the U.S. and other countries.
Internet Explorer, Windows, .NET, Windows Live Writer, Windows Live, Windows Media
Format and Windows Media file are trademarks of Microsoft Corporation, registered
in the U.S. and other countries. DIGG, its graphics and logos are trademarks of
Digg Inc. FACEBOOK, its graphics and logos are trademarks of Facebook, registered
in the U.S. and other countries. del.icio.us, its graphics and logos are trademarks
of del.icio.us, registered in the U.S. and other countries.
Copyright
All content and compilation of content included on Mindity’s website or Mindity
Software, such as text, graphics, logos, button icons, images, audio clips, digital
downloads and software, is the property of Mindity and is protected by United States
and international copyright laws.
If you have any questions or concerns about this Terms of Use or any issues raised
in this Terms of Use or on the Site, please contact us at: info@mindity.com
Last revised July 01, 2007.
© Mindity 2007