MindZinger Terms and Conditions of Use

(Revised Aug 8, 2007)

Entire Agreement and Acceptance of Terms

The following Terms and Conditions of Use (“Terms”) govern the use of this MindZinger website by its users ("Users").  This MindZinger website is (i) owned by Knowledge Accelerated LLC, an Oregon, USA limited liability company and (ii) is operated as a division of Knowledge Accelerated LLC, doing business as MindZinger (“MindZinger” or “MZ”).  By accessing or using this MindZinger site, User consents to be bound by these Terms. The Terms are the entire agreement between MZ and the User with respect to its subject matter, superseding any prior negotiations and agreements. The Terms may not be changed in any respect except by the posting of revised or amended terms by MZ on this site, which MZ may do without notice.  In addition, when using a particular MZ service, User and MZ shall be subject to any posted guidelines or rules applicable to such service, which may be posted from time to time. All such guidelines or rules (including but not limited to MZ’s spam policy) are hereby incorporated by reference into these Terms

Privacy

Please see MZ's privacy statement.

Description of Service(s)

MZ provides Users the ability to interact and communicate with others, including the ability to receive feedback to posted questions (“Service”).  User understands and agrees that the Service may include advertisements and that these advertisements are necessary for MZ to provide the Service.

Warranty Disclaimer

MZ PROVIDES THE SERVICE TO ITS USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK. MZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MZ MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  MZ ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT USER OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM MZ OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

(a) IN NO EVENT SHALL MZ BE LIABLE TO USER OR TO ANY THIRD PARTY CLAIMING BY OR THROUGH THE USER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS ARISING OUT OF THE PERFORMANCE OF THE SERVICE OR THE FAILURE, NEGLIGENCE, OR DELAY IN PERFORMANCE OF THE SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

(b) MZ'S LIABILITY ARISING OUT OF THE PERFORMANCE OF THE SERVICE OR FAILURE OR DELAY TO PERFORM THE SERVICE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE FEE PAID BY USER FOR SUCH SERVICE.

(c) AN ACTION FOR BREACH OF THIS AGREEMENT MAY NOT BE BROUGHT BY USER MORE THAN ONE (1) YEAR AFTER THE SERVICE IS PERFORMED BY MZ.

User’s Registration Obligations

In consideration of User’s use of the Service, User represents that User is at least thirteen (13) years of age and is not a person barred from receiving services under the laws of the United States, European Union or other applicable jurisdiction. User also agrees to: (i) provide true, accurate, current and complete information about himself or herself as prompted by the Service's registration form (the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or MZ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MZ has the right to suspend or terminate User’s account and refuse any and all current or future use of the Service (or any portion thereof).

User’s Account, Password And Security

User will receive a password and account designation upon completing the Service's registration process. User is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under User’s password or account. User agrees to (a) immediately notify MZ of any unauthorized use of User password or account or any other breach of security, and (b) ensure that User exit from User’s account at the end of each session. MZ cannot and will not be liable for any loss or damage arising from User failure to comply with this Section.

Member Conduct

User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that User, and not MZ, is entirely responsible for all Content that User uploads, posts, emails, transmits or otherwise makes available via the Service. MZ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. User understands that by using the Service, User may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MZ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

User agrees to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a MZ official, forum leader, guide or host, or falsely state or otherwise misrepresent User affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that User do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law;
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  13. "stalk" or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

User acknowledges that MZ may or may not pre-screen Content, but that MZ and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, MZ and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. User agrees that User must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, User acknowledges that User may not rely on any Content created by MZ or submitted to MZ, including without limitation information in MZ Message Boards and in all other parts of the Service.

User acknowledges, consents and agrees that MZ may access, preserve and disclose User account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to User requests for customer service; or (e) protect the rights, property or personal safety of MZ, its users and the public.

User understands that the technical processing and transmission of the Service, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Content Submitted Or Made Available For Inclusion On The Service

MZ does not claim ownership of Content that User submits or makes available for inclusion on the Service. However, with respect to Content that User submits or makes available for inclusion on publicly accessible areas of the Service, User grants MZ the following worldwide, irrevocable, royalty-free and non-exclusive license(s), as applicable:

  • With respect to photos, graphics, audio or video User submits or makes available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service.
  • With respect to Content other than photos, graphics, audio or video User submits or makes available for inclusion on publicly accessible areas of the Service other than MZ Groups, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

Contributions To MindZinger

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MZ through its suggestion, feedback or message communication options, User acknowledges and agrees that: (a) User Contributions do not contain confidential or proprietary information; (b) MZ is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MZ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MZ may have something similar to the Contributions already under consideration or in development; (e) User Contributions automatically become the property of MZ without any obligation of MZ to User; and (f) User is not entitled to any compensation or reimbursement of any kind from MZ under any circumstances.

Indemnification

User agrees to defend MZ, Knowledge Accelerated LLC, and its affiliates at User's cost and expense, and will indemnify and hold MZ, Knowledge Accelerated LLC, its affiliates, and their respective officers, independent contractors and agents (the "Indemnified Parties") harmless from and against any losses, costs, damages, fees or expenses arising out of any claim relating to the User’s use or application of MZ’s services.

Termination

User agrees that MZ may, under certain circumstances and without prior notice, immediately terminate User’s MZ account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by User (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by User in fraudulent or illegal activities. Termination of User’s MZ account includes (a) removal of access to all offerings within the Service, (b) deletion of User’s password and all related information, files and content associated with or inside User account (or any part thereof), and (c) barring of further use of the Service. Further, User agrees that all terminations for cause shall be made in MZ's sole discretion and that MZ shall not be liable to User or any third party for any termination of User’s account or access to the Service.

Dealings With Advertisers

User’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees that MZ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MZ has no control over such sites and resources, User acknowledges and agrees that MZ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. User further acknowledges and agrees that MZ 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

MZ's Proprietary Rights

User acknowledges and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that Content contained in sponsor advertisements or information presented to User through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MZ or advertisers, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MZ grants User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. User agrees not to access the Service by any means other than through the interface that is provided by MZ for use in accessing the Service.

Consent to Oregon Law and Forum

User and MZ agree that any dispute regarding the provision of services under this website or the access and viewing of this website shall be governed by Oregon law. User and MZ hereby consent to the exclusive jurisdiction of the appropriate courts located within the state of Oregon.