Last Updated | 5.8.2012
Minds.com, Inc. (“MINDS,” “us,” or “we”, as applicable) offers services, websites, events, and platforms (collectively, the “Services”) to individuals or entities (“People,” or “Users”, as applicable) based on the terms of service contained herein and in MINDS Terms, which is incorporated herein (collectively, these “Terms of Service”).
1. Acceptance of Terms of Service
2. Terms Updates
5. Shared Information
6. Content Licensing
7. Digital Millenium Copyright Act
8. Mature Content
9. Suspension or Removal
1. Acceptance of Terms of Service
By registering for and/or using the Site and/or Services in any manner, including but not limited to browsing the Site, you agree and consent to all of these Terms of Service. You also agree to comply with all domestic and international laws in relation to your use of the Site and/or Services.
2. Terms Updates
We will use our reasonable efforts to regularly update these Terms of Service, but given the nature of our democratic platform where our Users and Minds’ officers collectively determine Website and corporate development together, the magnitude and frequency of these changes is dependent on the collaboration and agreement between our Users and its officers. When there is a change to these Terms of Service, we will post the most recent date of change at the top of these Terms of Service. It is the each User’s responsibility to review the most recent changes to these Terms of Service. By accessing the Site and/or Services, you are consenting to any updates to these Terms of Service.
a. Age. Individuals under 18 years of age are prohibited from using the Site or accessing the Services unless they have been given documented permission by an authorized parent or guardian.
b. Security. After initiating the registration process or “Access” you will create a password that will enable you to use the Site and/or Services. You agree to maintain the confidentiality of your password, and are fully responsible for any and all damage resulting from the loss of your password. You agree to inform us of any breach of security that you are aware of.
c. API License. MINDS grants you rights to use certain application programming interfaces (an “API”) that we offer for integration of content and information from another website. MINDS encourages you to send any suggestions for new API possibilities to us at the contact information provided at the end of these Terms of Service.
a. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of MINDS, including but not limited to all products, software and services offered via the MINDS website.
b. By registering for an account with MINDS you agree to be included in our regular communications and mailing list which you may opt out from at any time by providing notice to us.
c. The Service may contain links to third party websites that are not owned or controlled by MINDS. MINDS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MINDS will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MINDS from any and all liability arising from your use of any third-party website.
d. MINDS is not liable for any violation or infraction that occurs at, or in transportation to, venues outside of our control or otherwise not sponsored by us. We advise people to be aware of the participants at their events and of the safety and legality of the venue that is being used to host such events.
5. Shared Information
a. “Shared Information” is all information, posts, words, files, media and other material you provide to MINDS in connection with the registration process or with respect to the use of the Site and/or Services. You are solely responsible for the content of any Shared Information you provide and agree that MINDS shall not be responsible for any loss of Shared Information. You acknowledge and agree that any Shared Information you provide may be accessible through syndication programs, search engines, tools, web crawlers, APIs and other programs not under the control of MINDS.
b. Restrictions. You represent and warrant that your Shared Information and account with us:
- is not representing anyone other than yourself without such person’s permission;
- is not another person or intended to impersonate another person;
- is not vulgar or obscene or otherwise unlawful;
- is accurate and up-to-date;
- does not infringe proprietary rights or other rights of others;
- does not violate any law or regulation;
- does not contain child pornography;
- does not contain any viruses, illegal information extractors, trojan horses, worms or bots
- does not include anyone’s identification documents or other sensitive information;
- does not create liability with our internet services providers or other suppliers; and
- does not link to illegal sources.
c. For any Shared Information that is covered by copyright, including but not limited to photos and videos, you specifically grant us a non-exclusive, perpetual, transferable, sublicensable, royalty-free worldwide license to use any such Shared Information that you post on or in connection with the Site or the Services. Shared Information may be shared with friendly third parties with permission from such User. We will use Shared Information only in accordance with these Terms of Service.
d. We also reserve the right in our sole discretion to take MINDS offline at any point and therefore encourage you to backup all of your Shared Information.
6. Content Licensing
a. As a MINDS account holder you may submit Content to the Service, including videos, images, text, audio, software code, and user comments. You understand that MINDS does not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit
b. MINDS utilizes a combination of free, open source and proprietary technology and content. To grow the commons of free knowledge and free culture, all users contributing to MINDS are required to grant broad permissions to the general public to re-distribute and re-use their contributions freely. MINDS offers users an array of different licensing options for their content. It is the sole responsibility of the user to read and understand these licenses before uploading or downloading content on MINDS. You agree that all media you upload is either totally original and/or does not contain anyone else’s work that you don’t have the right to distribute;
c. You are free to re-use and re-distribute content from MINDS, so long as it is in accordance with the Creative Commons or GPL license associated with that specific content. Please read and understand these baseline rights from Creative Commons:
Attribution: Licensees may copy, distribute, display and perform the work and make derivative works based on it only if they give the author or licensor the credits in the manner specified.
Non-Commercial: Licensees may copy, distribute, display, and perform the work and make derivative works based on it only for noncommercial purposes.
No Derivative Works: Licensees may copy, distribute, display and perform only verbatim copies of the work, not derivative works based on it.
Share-Alike: Licensees may distribute derivative works only under a license identical to the license that governs the original work.
7. Digital Millenium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all notifications of claimedcopyright infringement is MINDS.com P.O. Box 7681 Wilton, CT 06897, email: email@example.com, phone: 888.885.3838. For clarity, only DMCA notices should go to the this contact; any other feedback, comments, requests for technical support, and other communications should be directed to MINDS customer service through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Fairfield County, CT, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MINDS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MINDS's sole discretion.
8. Mature Content
a. You understand that by accessing the Site and/or the Services you may be exposed to explicit and mature content and you acknowledge and agree that you will hold harmless MINDS and its employees, officers, directors and affiliates from any damage or liability that results from such exposure. Explicit and mature content is defined as including possible violence, graphic language, nudity and/or sexual activity. We will use our reasonable efforts to provide forewarning, ratings and proper monitoring for illegal material that we become aware of.
9. Suspension or Removal
a. MINDS reserves the right in its sole discretion to terminate your use of the Site and/or the Services for any period of time and for any reason, so we encourage you to regularly back up any content that you have placed on the Site or submitted to any Service.
b. If you violate these Terms of Service, or otherwise create risk or possible legal exposure for us, we may in our sole discretion stop providing all or part of the Site and/or Services to you. We will notify you by email or at the next time you attempt to access your account. MINDS endeavors to create a safe environment for its Users, and as such, the following actions may result in your suspension or removal:
The use of the Site and/or Services to:
- bully, intimidate, harm, stalk, or harass another User;
- impersonate, falsely state, or misrepresent your affiliation with any person or entity
- disguise the origin of any Shared Information that is transmitted to any third party;
- send or otherwise post unauthorized commercial communications (including SPAM);
- sell Shared Information provided by other Users;
- posting private contact information of another person that is not already publicly available;
- spread information that is inappropriate, posted in bad faith, or contrary to the spirit of MINDS;
- violate, whether knowingly or unknowingly, any applicable local, state, national or international law
- transmit money to or through financial accounts that are fraudulent;
- upload viruses or other malicious code;
- neglectfully overuse bandwidth or infrastructural ability of the Site;
- create derivative works from our website without permission; and
- aid, facilitate or encourage any violations of these Terms of Service.
c. You agree that we have no responsibility to store your Shared Information. We will use reasonable efforts to never delete your Shared Information without first informing you, but we cannot guarantee this given the sensitivity of new technology. You also agree that we can sign you out of the Site and/or Services if you are idle for an excessive amount of time.
a. Basic access to the Site and/or the Services is free. Certain events or groups may charge a fee for access, notice of which will be provided by MINDS (to the extend that the event or group is officially sponsored by MINDS) or the User hosting such events or groups. We may charge fees for premium features and you will be notified of those charges and the option to upgrade upon their availability. We have the right to begin charging a fee for access to the Site and/or the Services in our sole discretion, but we will notify you of any new fees or charges. We also reserve the right to modify any fees (while notifying you). You will always be informed prior to any additional fee being charged and will never be charged without your consent.
b. Host Fees. Event or group fees and all specifics relating to those fees are at the discretion of each User that is hosting an event. The host bears all risk in connection with the transaction.
You agree that MINDS may disclose personal information if required to do so by law or if in the good faith belief of its officers that such disclosure is reasonably necessary to cooperate with law enforcement agencies and officials.
Users shall indemnify and hold harmless MINDS and its employees, officers, directors and affiliates from all costs, claims, damages, liabilities (including reasonable attorneys’ fees) that come from your use of the Site and/or Services, any violation of these Terms of Service, or any use of your account by a third party.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms of Service or MINDS exclusively in a state or federal court located in Fairfield County. The laws of the State of Connecticut will govern these Terms of Service, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Fairfield County, Connecticut for the purpose of litigating all such claims.
WE TRY OUR BEST TO KEEP the Site UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE AND/OR SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE AND/OR SERVICES WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICES, THE SITE AND/OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms of Service makes up the entire agreement between the parties regarding the Site and/or Services, and supersedes any prior agreements. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms of Service, it will not be considered a waiver. Nothing in Terms of Service shall prevent us from complying with the law.
Please report any violations of these Terms of Service by sending a notice of the violation to the Secretary of MINDS by the following postal mail or email. You may also call our officer to report a violation at the phone number below. If you have any questions or feedback regarding the Site, the Services or these Terms of Service, please contact us using the contact information below.