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Terms of Use & Privacy Policy
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Terms of Use Generally: The following Terms of Use (these "Terms")
apply to you when you visit this general information
web site provided by Minds Media. (this "Site"),
which comprises those web pages and information located
at the internet domain "mindsmedia.com" and
accessible directly or indirectly from the home page
of this Site.
These Terms may be modified, supplemented, or superseded
by other terms which apply to designated portions
of this Site without notice to you. By using this
Site,
you agree to these Terms, as they may be supplemented
or superseded as noted above, or as amended from
time-to-time in Minds Media sole discretion. Minds
Media may monitor use
of this Site, in accordance with its stated Privacy
policy, to ensure compliance with these Terms.
- Content License: All contents of this Site are protected by the
laws of the United States and the individual states and by international
treaty provisions. Some trademarks, service marks, logos, or content
are owned by third parties ("Third Party Content") and
are used on this Site with those parties' permission or otherwise
in accordance with applicable laws. With respect to Third Party
Content, Minds Media makes no claims of ownership and has endeavored
to properly attribute ownership of Third Party Content where such
attribution is appropriate. Minds Media retains full ownership
in its own proprietary content and grants to you a limited, nonexclusive
license for informational, non-commercial use of such content,
provided you abide by these Terms. You are not permitted to modify,
distribute, publish, transmit, or create derivative works of any
material found on this Site for any commercial purposes. Elements
of this Site are protected by trade dress, trademark, unfair competition
and other laws and may not be copied or imitated in whole or part.
Portions of this Site may be restricted to password-authorized
users only; unauthorized access to such portions of this Site will
be prosecuted to the fullest extent of applicable laws. No logo,
graphic, or image from this Site may be copied unless expressly
permitted by Minds Media. Any rights not expressly granted herein
by Minds Media are reserved to Minds Media.
- Export Compliance and Legal Enforcement: All information
of this Site is subject to United States export control laws.
You may not access, download, use, or export this Site, any
portion thereof, or item provided therein in violation of United
States export control laws or in violation of any other applicable
laws or regulations. All matters relating to your access to
and use of this Site will be governed by the federal laws of
the United States or the laws of the State of Missouri. Any
legal action or proceeding relating to your access to or use
of this Site will be instituted in the United States District
Court for the St. Louis County District of Missouri or in
the Superior Court of Missouri in the County of St. Louis.
You
agree to
submit to the jurisdiction of , and agree that venue is proper
in, these courts in any such legal action.
- Remedies for Violation: You agree that Minds Media, at any
time and in its sole discretion, may terminate or block your
access
to this Site or any portion thereof. Minds Media reserves its
rights to seek all remedies available to in law and equity
for any
violation of these Terms. In addition to, and not in lieu of,
these rights, Minds Media may terminate your access to this
Site and any user accounts you may have in connection with
this
Site. The failure of Minds Media to object to a breach of these
Terms will not prevent Minds Media from thereafter objecting
to that breach or any other breach of these Terms. You agree
to
defend, indemnify, and hold harmless Minds Media, its officers,
directors, employees, and contractors from and against any
and all claims, liabilities, damages, losses, and expenses,
including reasonable attorneys' fees and costs, arising from
or in any manner associated to your access to or use of this
Site.
- General Disclaimer: Although Minds Media has attempted to
provide accurate information on this Site, Minds Media assumes
no responsibility
for the accuracy of such information. Minds Media may change
the products or services described on this Site at any time
and
without notice. References to non-Minds Media products or services
are for informational purposes only and constitute neither
endorsements nor recommendations of such products or services.
ALL INFORMATION PROVIDED ON THE SITE IS PROVIDED "AS IS" WITH
ALL FAULTS AND WITHOUR WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. MINDS MEDIA DISCLAIMS ALL WARRANTIES INCLUDING,
BUT NOT NECESSARILY LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MINDS
MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
OR INCIDENTAL DAMAGES INCLUDING, BUT NOT NECESSARILY LIMITED
TO, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS
OR DAMAGE TO DATA ARISING FROM THE USE OR INABILITY TO USE
THE SITE OR ANY MINDS MEDIA PRODUCT, OR DAMAGES FROM THE USE
OF OR RELIANCE ON THE INFORMATION ON THE SITE, EVEN IF ACHIEVO
OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The Site may contain hyperlinks to third-party web
sites. Your use of any other web site linked to this Site is
at your own risk and Minds Media is responsible for neither
the accuracy nor reliability of any information on such other
web
sites. Minds Media provides links to third-party web sites
merely as a convenience and the inclusion of such links constitutes
neither endorsements nor recommendations of such information,
products, or services as may be described at such web sites.
Minds Media shall have no responsibility for any damage to
computer system or loss of data that results from the download
of any
content, materials, or information from this Site.
- Privacy: Minds Media may monitor activity on this Site to
ensure that you and other users comply with these Terms. Minds
Media does
not gather personal information about you except such personal
information as you may voluntarily provide to Minds Media.
Minds Media uses such information to provide information concerning
our
products and services to you and to inform you of other products
and services which may be of interest to you. All personal
information is protected by Minds Media as confidential information;
Minds Media uses a reasonable degree of care to protect such
information and discloses such information to its employees
or to agents
under its control and direction only in the normal course of
its business and only on a need-to-know basis. Minds Media
does not currently sell, rent, or trade personal information
it
receives to other parties. If Minds Media elects to change
this policy in the future, such change will not affect or apply
to personal information received prior to the effective date
of the change. Notwithstanding, Minds Media may release personal
information when Minds Media believes in good faith that such
release is reasonably necessary to a) comply with applicable
laws;
b) enforce these Terms or the terms of Minds Media intellectual
property licenses and agreements; or c) protect the rights,
property, or safety of Minds Media or others. Minds Media may
provide aggregate statistics comprising no personally-identifiable
information to third parties. Minds Media may use "cookies" (small
data files written to your computer's hard drive) to provide
tailored information to you, track traffic patterns at this
Site, or for other purposes; such cookies will not contain
any personally-identifiable information. Most web browsing
software permits you to accept or reject cookies; although
your ability to access some portions of this Site may be inhibited
if you do not accept cookies, your license to access this Site
is not contingent on your acceptance of cookies.
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