TERMS OF USE
This site is in beta and we therefore unfortunately cannot guarantee that it will be available at any given time so please be patient. What is available online is subject to changes and updates, and does not have all the accoutrements of a completed product. We very much appreciate your patience and understanding.
MindTime Groups on mindtime.com/ are currently both free to use and effectively private. Without search functionality, the only way to view a group is to have started it or been invited to it.
When we launch our first official group product online, in the summer of 2008, PRIVATE GROUPS WILL BE FEE BASED. If you start a group and opt to make it a private group, you do so under the expressed understanding that once we officially launch you will be asked to pay the minimum subscription fee. If you do not wish to pay this fee your group will remain inaccessible to you and all group members. At that time we will also offer an alternative free network of publicly searchable groups, so that people can use MindTime to work with groups. No groups started on thebigcollaboration.com and howtocollaborate.com will be available on this site.
This Agreement contains the terms and conditions that apply to your use of mindtime.com PLEASE READ THIS DOCUMENT CAREFULLY!
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS, AS WELL AS LIMITATIONS ON OUR OBLIGATIONS, THAT YOU SHOULD CONSIDER BEFORE CLICKING THE "ACCEPT" OR "DECLINE" BUTTON TO CREATE AN ACCOUNT.
IF YOU CLICK "ACCEPT" YOU SHOULD PRINT AND SAVE A COPY OF THIS AGREEMENT.
WHEN YOU CLICK ON ACCEPT TERMS AND CONDITIONS YOU ARE ENTERING INTO A BINDING CONTRACT WITH US.
If you proceed, YOU ARE AGREEING to pay, in advance, any license fees due based on options selected by you at various times. These fees might be due for creating and maintaining a PRIVATE group, or choosing not to have advertising displayed on your pages. Failure to do so may result in loss of fee-based features.
1. GRANT OF LICENSE
1.1 Grant of License. Your right to use this Web site is furnished under a license that is non-exclusive, non-transferable and solely for your use. No ownership interest in a web page or the Website, or any patent, trademark, service mark, copyright or other proprietary right, is being transferred to you.
1.2 Privacy Statement. Your use of the Web Page will be covered by our privacy statement, which is incorporated as a part of this agreement.
1.3 Restrictions Applicable to Us. We claim no ownership interest in the content you place on the Web Page. However, you grant us a non-exclusive, royalty-free license so that we may download, upload, copy, print, display, reproduce, modify, publish, post, transmit and distribute the content of the Web Page for the purposes of providing such content to the people you select. We will not use your content for marketing purposes or any other purpose without your express authorization. However, we reserve the right to disclose any information posted by you as may be necessary to satisfy any law, regulation, legal process or governmental request. We also reserve the right to edit, refuse to post or to remove any content, in whole or in part, that in our judgment is not suitable or that otherwise violates the terms and conditions of this agreement.
1.4 Restrictions Applicable to You. You are responsible for the content on the Web Page known as Your Profile Page and your Group Profile Page, and for monitoring and creating backups for such content. You may not do any of the following:
(a) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another’s privacy, hateful or otherwise unsuitable as determined by us;
(b) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationships or any content that infringes any patent, trademark, service mark, copyright or other proprietary right of any person;
(c) Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, any “junk mail�? or “spam�? or any advertising or other promotional material of any other person; or
(d) Interfere with or disrupt the Website or the servers or networks connected to the Website.
1.5 Modification. The Website is subject to change, revision or modification at any time, without notice and without any obligation to you.
2. TERM; TERMINATION
2.1 Term. The term of your license is from month to month, commencing on the date of your acceptance of the terms and conditions of this agreement. Each month of the term will commence on the same day of the calendar month as the date of your acceptance; however, if a subsequent calendar month does not contain such day, the month of the term commencing during such calendar month will commence on the last day of such calendar month. You may terminate your license at any time by deleting your account. We reserve the right to terminate your account without cause or obligation to you.
2.2 Early Termination. We may terminate your license, at any time without notice, if you fail to pay any license fees or subscription fees due, or if you violate any of the terms and conditions of this agreement.
2.3 Effect of Termination. If your license is terminated for any reason, we may terminate the access of you and your group members to the Web Pages and delete any and all information, communications, postings, data, image files and other content at any time without notice.
3. FEES; TAXES
3.1 License Fee. You agree to pay the license fee in advance on the first day of each month of the term of your license or subscription. We will charge your credit card for the fees on such day in accordance with the authorization made by you when you create a private group or other fee based service.
3.2 Taxes. The license fee does not include any taxes, however designated, levied or based on the granting of your license or the use of the Web Page or our related products and services. Such taxes, as may from time to time be applicable, must be paid by you with the license fee. We will charge your credit card for any such taxes in accordance with the authorization made by you.
3.3 Updates. We will provide through the Website, without additional charge, updated versions of the web pages included on the Website (e.g. version 1.2 after 1.1) that correct errors or provide minor improvements in the functions or features of the web pages.
4. DISCLAIMER OF WARRANTY; LIMITATIONS OF LIABILITY; INDEMNITY.
4.1 No Warranty. THE WEBSITE, THE WEB PAGES AND ALL RELATED PRODUCTS AND SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS�? AND “AS AVAILABLE�? WITH NO WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. We do not make, and we expressly disclaim, any and all warranties, whether written, oral, statutory or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement. We do not provide any warranty as to the security, reliability, timeliness or performance of the Web Pages or our products or services provided through or in connection with the Website. If the Web site or any related product or service does not perform as stated on the Website for any reason other than any misuse by you or any other cause beyond our reasonable control, and we are unable to remedy the non-performance within a reasonable time, your sole remedy will be a limited refund of the license fee for the period of non-performance.
4.2. Limitations. THE WARRANTY DISCLAIMERS AND THE LIMITATION OF LIABILITY PREVENT YOUR RECOVERY OF ANY DAMAGES (OTHER THAN THE LIMITED REFUND PROVIDED ABOVE), WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. These apply whether the damages arise from the use or misuse of or reliance on the Website or our related products and services, from the inability to use the Web site, or from the interruption, suspension or termination of the Website. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY CLIENT OF YOURS BECAUSE OF THE CLIENT’S USE OR MISUSE OR RELIANCE ON THE WEB SITE OR OUR RELATED PRODUCTS AND SERVICES.
4.3 Indemnity for Your Use. You agree to indemnify us, and our principals, affiliates, employees and suppliers, and hold us and them harmless from any and all claims and expenses, including without limitation reasonable attorney’s fees, from the use of the Web site by you. If you violate the terms and conditions of this agreement, we may pursue any legal or equitable remedies in addition to terminating your access to the Web site.
5. GENERAL
5.1 Notice. All notices under this agreement shall be in writing, including without limitation by telecopier and electronic mail, to the address you supplied above or to our address above, as applicable. Notice shall be deemed given on the date of receipt, if mailed through the postal service or personally served, or on the date of telecopying or sending of electronic mail, if telecopied or electronically mailed. Either you or we, upon written notice to the other, may change any address to which future notices will be sent.
5.2 Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Idaho without application of Idaho conflict of law rules that would apply any other law.
5.3 Severability. In the event that any provision of this agreement is held to be unenforceable by a court or arbitrator, the remaining provisions of this agreement will remain in full force and effect.
5.4 Entire Agreement. This agreement, together with our privacy statement, constitutes the entire agreement between you and us with respect to the subject matter hereof and supersedes all prior written or oral statements or representations between or by you or us with respect to such subject matter.
BY CLICKING ON THE "ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, TOGETHER WITH OUR PRIVACY STATEMENT, AND UNDERSTAND THEM AND THAT THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US APPLICABLE TO THE WEB PAGE AND THE WEBSITE AND ANY RELATED PRODUCTS AND SERVICES.