MINDSISLAND.COM
Terms of Service and Use
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. Welcome to our site. The services (the "Service") offered at MindsIsland.com (the "Site"), which is owned and operated by Minds Island LLC ("Minds Island"), are provided to you under the terms and conditions of these Terms of Service and Use. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
Please review the following terms carefully. If you do not agree to these terms, you should not obtain goods, products or services from this Site. The Terms of Service and Use outlined on this Site may be amended at any time by Minds Island without any specific notice to you. The latest and most current version of the Terms of Service and Use will be posted on this Site, and you should review the Terms of Service and Use prior to any use of this Site.
USER CONDUCT. The Service is provided to individuals only, and for personal use only. The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). In addition, you agree that (1) you will not interfere with another Minds Island customer’s use and enjoyment of the Site or Service or disrupt networks connected to the Site and (2) you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, all laws regarding the transmission of technical data exported from the United States. Minds Island reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request.
MODIFICATION. Minds Island reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), any document, information or other content on the Site, with or without notice to you. You agree that Minds Island shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.
TERMINATION. We may terminate or suspend your access to all or part of the Site and/or your use of the Service, without notice and for any reason, including, but not limited to, for violation of the Terms of Service and Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, another customer of the Site or any third party.
NONTRANSFERABLE. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable.
UNSOLICITED SUBMISSIONS. We do not accept or consider creative ideas, suggestions or materials other than those specifically requested by us. We ask that you do not submit or send such materials directly to us unless we ask you to do so. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the "Information") to us at our request or send unsolicited Information to us despite our request that you not do so, you automatically grant to Minds Island, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of Minds Island.
INTELLECTUAL PROPERTY. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the "Intellectual Property"), which are owned by Minds Island, its licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Minds Island or its licensors, affiliates or partners. You may use the Intellectual Property in accordance with Section 2 above, but you may not use the Intellectual Property for any other purpose, or copy the Intellectual Property in whole or in part, without prior written permission from Minds Island. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. You do not acquire Intellectual Property rights in any item purchased through the Site, except to the extent outlined in Section 2 above. Other product and company names appearing on the Site may be trademarks of their respective owners.
COPYRIGHTS AND COPYRIGHT AGENTS. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf or 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) your address, telephone number, and e-mail 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 ownerÃs behalf. Our agent for notice of claims of copyright infringement on the Site is who can be reached as follows: by mail: Copyright Agent c/o Mind's Island, LLC, Indian Orchard Mills, 34-40 Front St. P0 Box 51119, Indian Orchard, MA 01151, by phone: 413-739-1494 or by e-mail:info@mindsisland.com.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINDS ISLAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MINDS ISLAND MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DOES MINDS ISLAND MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN SOFTWARE USED IN CONNECTION WITH THE SERVICE WILL BE CORRECTED. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
YOU SPECIFICALLY AGREE THAT MINDS ISLAND IS NOT RESPONSIBLE FOR UNAUTHORIZED TRANSMISSIONS, ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SENT OR RECEIVED, OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT MINDS ISLAND DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS OR THIRD PARTIES ON OR THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO MINDS ISLAND FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, MINDS ISLAND ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, ADVERTISERS) THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDS ISLAND OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE; NOR DO WE HAVE ANY LIABILITY WHATSOEVER FOR ANY PRODUCT PURCHASED THROUGH THE SITE. MINDS ISLAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, EVEN IF MINDS ISLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FROM TRANSACTIONS ENTERED INTO WITH MINDS ISLAND THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT MINDS ISLAND IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SERVICE OR SUCH CONTENT IN ANY DOCUMENT, MATERIAL OR ITEM PURCHASED THROUGH THE SITE, OR FOR ANY INFRINGEMENT OF VIOLATION OF ANOTHER'S RIGHTS BY ANY OTHER PARTY ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US ND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. You agree to indemnify and hold Minds Island, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or Service, your violation of these Terms of Service and Use, or your violation of the rights of any third party.
USE OF INFORMATION. We reserve the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Service and Use.
PAYMENT. You represent and warrant that if you are purchasing something from us or from merchants selling products through our Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
LINKS TO OTHER WEB SITES. The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
MISCELLANEOUS. The Terms of Service and Use shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflict of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State of New York and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to Sections 9 and 10 above. If any provision(s) of the Terms of Service and Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Minds Island’s failure to exercise or enforce any right or provision of the Terms of Service and Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Minds Island in writing. The section titles in the Terms of Service and Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Service and Use constitute your entire agreement with Minds Island. Minds Island reserves the right to make changes to the Minds Island Site, these Terms of Service and Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Service and Use shall not be deemed a waiver of such provision nor the right to enforce such provision.
Last Updated 12/22/2005