OpenMind Terms of Service
Effective: March 12, 2018
These Terms of Service (“Terms”) apply when you use a website or mobile app that links or refers to the Terms (the “Services”). These terms are a legal contract between you and OpenMind (“we” or “us”) so it is important that you review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Services.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 7) AND DISCLAIMERS OF LIABILITY (SECTION 8).
The Services (including, but not limited to text, photographs, graphics, video, audio content, and computer code) are protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by OpenMind to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the content on the Services.
If you believe that your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work or a representative list of the works claimed to have been infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- Your name, address, telephone number, and email address, so that we may contact you if necessary;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 owner’s behalf.
Our designated agent for notice of claims of copyright is email@example.com.
- Trademark and Service Mark Rights
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs used on the Services, whether or not appearing with a trademark symbol, belong exclusively to OpenMind, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of OpenMind.
- Compliance with Law and Prohibited Conduct
You agree that you will not use the Services for any purpose that is unlawful or that is prohibited by these
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- Make use of the contents of the Services in any manner that constitutes an infringement of our rights or the rights of other users or third parties, including copyrights.
- Access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access
- Copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the
Services,unless expressly authorized.
- Distribute any part of the Services, nor sell or offer it for sale.
- Engage in unauthorized “scraping” or spidering, or harvesting of personal information, or use any unauthorized automated means to compile information.
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents available on the Services and other than generally available third-party consumer search engines.
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
- Engage in any other conduct that restricts or inhibits any other person from using the Services.
- Take any action that violates or threatens our system or network security.
- Third-Party Content and Links to Third-Party Websites
The Services may contain third-party owned content and links to other websites (“Linked Sites”). We do not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites, and we are not responsible for the content or privacy practices of any Linked Sites.
- Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS.” WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. IF YOU RELY ON THE SITE AND ANY MATERIALS MADE AVAILABLE THROUGH THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, TIMELINESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICES OR OTHERWISE, INCLUDING ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH THE SERVICES, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED (A) THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, (B) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE CONTENT ON THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
- Limitation of Liability
IN NO EVENT WILL OPENMIND OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold harmless OpenMind and its affiliates, from and against all losses, expenses, damages
- Governing Law
This Agreement shall be governed by the laws of the United States and the State of New York. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
We may terminate this agreement for any reason at any time. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Services, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
Changes to the Terms. We may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Terms of Service” link at the bottom of the Services’ home page. If you continue to use the Services after changes are posted you will be deemed to have accepted the change.
No Waiver. Our failure to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive our rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OpenMind as a result of these Terms or your access to and use of the Services.
Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and OpenMind and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.