Acceptance of Terms
Rules and Conduct – Statement of Rights and Responsibilities
Sharing Content and Information
- You own all of the content and information you post on The Site. In addition:
- For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give The Service the following permission: you grant The Service a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MindMixer. The Company retains rights to use the IP content that you post, even after you delete your IP content or your account, for promotional purposes of The Service. Upon deletion of your IP content or account, your IP content will be removed from visibility on the site, but remain in backup copies for a reasonable period of time (but will not made available to other users).
- Other content, like idea submissions and comments, are owned by the submitter. However, you specifically give The Service the following permission: you grant The Service and its client (Participating Municipal Community) non-exclusive, transferable, sub-licensable, publishable, royalty-free, worldwide license to use this content in post-project documentation without your written permission or specific (user name) acknowledgment of the original submitter.
- When you publish content or information on The Site, all members of The Site, will have access to that information and The Company may not have control over what they do with that information.
- We always appreciate feedback or other suggestions about The Service, but you understand that we may use them without obligation to compensate you for them (just as you have no obligation to offer them).
The Service will do its best to keep The Site safe, however we cannot guarantee it. The Service relies on members to help keep The Site safe, which includes the following commitments from users:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on The Site.
- You will not collect users’ content or information, or otherwise access The Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without the permission of The Company.
- You will not engage in unlawful multi-level marketing, such as pyramid schemes, on The Site.
- You will not upload viruses or other malicious code onto The Site.
- You will not solicit login information or access an account belonging to another user.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not offer any contest, giveaway, or sweepstakes ("promotion") on The Site without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
- You will not use The Site to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of The Site, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
Users of The Site provide their real names and personal information, and we want to keep it that way. Here are commitments you must make relating to registering and maintaining the security of your account:
- You will not provide any false personal information on The Site, or create an account for anyone other than yourself.
- You will not use your personal profile for your own commercial gain (such as selling your idea submission ability to an advertiser).
- You will not use The Site if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date. This is the only means by which you can be contacted directly by the administrator.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting the Rights of Other Users
It is an expectation of The Service that all users respect the rights of other users. The following commitments ensure these rights will be protected:
- You will not post content or take any action on The Site that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on The Site if we believe that it violates this Statement.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account immediately.
- You will not use our copyrights or trademarks (including MindMixer and the MindMixer Logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on The Site.
- The Service does not endorse and has no control over any user submission. The Company cannot guarantee the authenticity of any data which users may provide about themselves or related to their idea submissions. You acknowledge that all Content accessed by you using the Site is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
The Company does not review every submission posted to or created by users of the Site. However, the Company is the final judge on whether the content merits publication on the Site, post-project documents, or any other promotional materials. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Site, the Company is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or other users activities. Even though the Company may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity, or misrepresentation. Notwithstanding, the Service reserves the right, at any time, to block or remove communications, postings, or materials that I determines to be (i)abusive, defamatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark, patent, trade secret, or other intellectual property rights of another, or (iv) offensive or otherwise unacceptable to the Service in its sole discretion.
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; 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 Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Electronic Delivery / Notice Policy and Consent
By using the Services, you consent to receive from the Service all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. The Company may provide such electronic Contract Notices by posting them on the Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Site and Services.
These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of Nebraska, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over MindMixer or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Nebraska. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Douglas County in the State of Nebraska and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Integration and Severability