Terms and Conditions
Mindports is free as governed by the EULA below for the following uses:
1) To be used by individuals, organizations, companies, and government entities making information public on the Web 2) To be used by municipal police forces and intelligence agencies for an extended one year trial period. 3) To be used by schools and universities for an extended one year trial period. 4) To be used by any business or corporate entity for a trial period as defined herein.
Other uses are available by commercial license or subscription.
END USER LICENSE AGREEMENT
Welcome to the Mindports Mindports.com Application Website (the “Mindports App Site”). The Mindports App Site is comprised of various Web pages operated by Mindports, Inc. (herein referred to as “Mindports” “us” or “we”), and governs your use of the Mindports Mindports application (“Mindports.com together with the Mindports App Site, the “Mindports App”). The Mindports App is offered to you conditioned on your acceptance without modification of this User Agreement, conditions, and notices contained in this User Agreement (the “User Agreement”), and by accessing and using the Mindports App, you agree to comply with and be bound by the User Agreement. Your use of the Mindports App constitutes your agreement to all such terms, conditions, and notices. All such terms are in addition to and do not supersede this User Agreement set forth in this User Agreement, which is made expressly between you and Mindports. IF YOU ARE NOT AN INDIVIDUAL, PRIMARY OR SECONDARY SCHOOL, SMALL BUSINESS ENTITY, OR CORPORATION ACTING AS PER PARAGRAPH (1) OF THIS AGREEMENT, AND YOU DO NOT AGREE WITH ALL OF THIS USER AGREEMENT, YOU MAY NOT ACCESS OR USE THE MINDPORTS WEBSITE OR TECHNOLOGY, AND SHOULD CLOSE YOUR BROWSER NOW.
1. Access and Scope of License. To access the Mindports App for any purpose or any use, you are required to agree to this User Agreement. You must represent and warrant that, excluding (i) and (ii) in this Paragraph (1), excepting free trial use for ninety days obtained by informing us of your intent to conduct said trial and our confirmation of same, (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, (iii) you are an individual, a company with less then ten employees, or a corporation or government entity utilizing the website and technology only in order to make information public on the Web, (iv) you agree no Mindports.com account access privileges will be used by more than three persons or more than one business entity and/or government entity during the same time period unless said use made by subscription is approved in writing by Mindports, Inc., and (v) you agree Mindports.com account access privileges will NOT be used for the communication of non-public information within a company, school, or business entity unless approved in writing by Mindports, or under an additional and separate license granted to you by Mindports, Inc., vi) You are not a government body, an employee of a government body, or working in association with a government body using Mindports account access unless that use is to make information public on the Web, vii) You have been granted in writing an extended conditional use license by Mindports, Inc., viii) You are a school, university, municipal police force or intelligence agency using Mindports.com prior to December 31, 2016 and you have informed us of your intent to use and have received confirmation of same, or ix) You are an individual using Mindports for your own purposes as limited herein. The license granted to you by this User Agreement is a limited, non-transferable, revocable license to use the Mindports technology solely on any device that you personally own or control and solely as permitted by this User Agreement and the Usage Rules set forth herein. Any unauthorized use beyond a ninety day trial period signifies your agreement to pay standard monthly subscription rates per employee.
1(a). Advertising in Frames. By using the Mindports technology, you agree to grant to Mindports, Inc. the irrevocable right to advertise within the Mindport's frame, being that frame surrounding the Mindports interface and excluding any content frame containing content not owned by Mindports, Inc. Mindports, Inc. will not advertise within frames containing content not owned by Mindports, Inc., except by written agreement with the legal owner, or authorized representative of the owner, of the uploaded or linked content.
2. Uploading. If you choose to upload or post materials or content using or to any Mindports App or any of our websites, you are required to register for and maintain an individual user account. You represent and warrant that all registration information that you provide is complete and truthful. Any license not expressly granted to you under this User Agreement is reserved to Mindports, and nothing herein shall be deemed to otherwise imply or constitute a license grant.
3. Content Submissions. In the course of using the Mindports technology, you may have the opportunity to contribute, submit, or upload various types of content to and/or using the Mindports technology, and to elect to share and share content with other users. By uploading content you are warranting that you own the uploaded content, or have the authority and right to upload said content. This excludes linking to website content, which can be made without limitation, except as otherwise prohibited herein.
3.1 “Mindport Content” means any content that consists of (a) taxonomic categories, subject-matter hierarchies, data structures, frame configurations, frame manipulations, or content manipulations within frames (b) any hyperlinks to external web sites; c) any reports of any errors, problems, or defects in (along with general feedback and suggestions related to) the Mindports App, d) analytics derived from the construction or use of a mindport, e) any placed or associated advertising displayed with during the construction or use of a mindport, and f) any content, data, or data structure not owned by you prior to the use or construction of a mindport or use of the Mindports website. You hereby irrevocably assign to Mindports all right, title, and interest worldwide in and to all App Content that you may make in or submit to the Mindports website (including all intellectual property rights therein). If you have any rights to the App Content that cannot be assigned, you unconditionally and irrevocably grant to Mindports during the term of such rights, an exclusive (even as to you), irrevocable, perpetual, worldwide, fully-paid and royalty-free license (with rights to sublicense through multiple tiers), under all such rights, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, and otherwise exploit the App Content. If you have any rights to the App Content that cannot be assigned or licensed to Mindports, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Mindports or related to Mindports’s customers, with respect to such rights. At Mindports’s request and expense, you will consent to and join in any action to enforce such rights.
3.2 “Your Content” means any articles, pictures, videos, music, sounds, or other content that you may upload to the Mindports App, but does not include the App Content. You will retain all ownership rights in Your Content. If, after you upload (not including hyperlinks to third-party websites) any content for your own use, you choose to publish Your Content in order that that content may be viewed by the public, friends, or colleagues, to any of our websites, you hereby unconditionally and irrevocably grant to Mindports a nonexclusive, irrevocable, perpetual, worldwide, fully-paid and royalty-free license (with rights to sublicense through multiple tiers), under all such rights, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, derive advertising revenue, and otherwise exploit Your Content., or in the event we may choose to make available to you any additional or publishing agreement, such additional or superseding terms shall apply as may be agreed to by you at that time.
3.3 Sharing Content. Mindports will not share any of Your Content that resides on the Mindports App without your permission, as made by you choosing to make a Mindport public. If you choose to share your content with any other user or users through the Mindports App, Mindports takes no responsibility for any use of Your Content by any such other user and shall not be liable in any way for any such use.
4. Infringement, Removal, and Indemnification. Mindports respects the intellectual property rights of others, and so it is important that you have the legal right and authority to submit all content that you may choose to provide to us. Consequently, you represent and warrant that all App Content (other than hyperlinks to third-party websites) and Your Content that you submit to us are your original works and creations; that none of the App Content or Your Content that you provide to Mindports infringes, misappropriates, or violates any third-party intellectual property or proprietary rights, or any obligations of confidentiality, and that none of the App Content or Your Content contains any computer viruses, malware, spyware, trojan horses, or other code designed to interfere with the proper functioning of any computer system or network. With respect to App Content that consists solely of hyperlinks to third-party websites, you represent and warrant that you have the legal right to provide such hyperlink to Mindports for posting, and that such hyperlinks may be publicly posted without restriction in accordance with customary Internet usage, practice, and etiquette. You also acknowledge Mindports’s right to remove any App Content or Your Content from the Mindports App for any reason. You agree to indemnify us against any liabilities that we may incur as a result of your breach of any covenant, representation, warranty, or other provision contained in this User Agreement. In the event of any third party claim that the Mindports App or your possession and use of the Mindports App infringes that third party’s intellectual property rights, Mindports will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
5. Restrictions. You may reproduce, display, and perform the Mindports App solely to the extent necessary to view and use the Mindports App by means of standard web-browsing software, including the creation of categories and subcategories, the uploading of content, the indexing of content by type, and such specific features as we may choose to make available to you, and you may modify and create derivative works of the Mindports App solely to the extent necessary to submit and save App Content and Your Content using the submission features of the Mindports App. You may not otherwise modify, copy, display, perform, modify, or create derivative works of the Mindports App, and under no circumstances may you distribute or attempt to reverse-engineer any portions of the Mindports App. You agree not to use the Mindports App: (a) to directly or indirectly violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority, including without limitation any intellectual property laws, privacy laws, computer fraud or abuse statutes, or export control laws; (b) to submit, transmit, post, or link to any materials that are unlawful, untrue (including incomplete, false or inaccurate information), harassing, libelous, defamatory, abusive, tortious, threatening, obscene, pornographic, indecent, hateful, or harmful (including but not limited to viruses, corrupted files, or any other similar software or programs); (c) to violate, attack, or attempt to violate or attack the security, integrity, or availability of the Mindports App or any other network, service, or other computer system; (d) in a manner that, in our reasonable discretion, disrupts the conduct of our testing and development program; or (e) in a manner that otherwise violates our then-current acceptable use policy, the latest version of which will be posted on the Mindports App.
6. Confidentiality. You agree and acknowledge that you have been granted access to the Mindports App prior to the public availability of the commercial applications embodying Mindports’s technology, and that your access is subject to a strict obligation of confidentiality. You agree not to disclose the Confidential Information to any third party without the express prior written consent of Mindports, and not to use the Confidential Information for any purpose other than testing and evaluating the Mindports App as permitted under this User Agreement. For purposes of this User Agreement, “Confidential Information” means (a) the features, functionality, contents, look-and-feel, and logical structure of the Mindports App; (b) the results of any testing or evaluation of the Mindports App, its interface, features, and functions; and (c) any other non-public information relating to Mindports or its business to which you may become exposed in the course of using the Mindports App. However, Confidential Information does not include any information (i) that becomes part of the public domain through no fault of your own, or (ii) that you rightfully received from a third party without any obligation of confidentiality; or (iii) that you can document was lawfully in your possession prior to our disclosure of such information to you. You may also disclose Confidential Information to the extent required by order of a court of competent jurisdiction, but you agree to give us reasonable advance notice and, at our option, cooperate with us in obtaining an appropriate protective order.
7. Third-Party Sites. The Mindports App may contain links to other web sites operated by third parties. External web sites linked herein are linked by individual users and are not under the control of Mindports. Mindports is not responsible for the contents of any linked web site, nor does Mindports undertake to review, approve, correct, or update the contents of any such linked web site. Mindports provides these links only as a convenience and does not monitor, endorse, warrant, or make any representations with respect to the linked web sites, and will not be liable for the content, appearance, functionality or any other aspect of any linked web site.
8. Termination. Mindports reserves the right to revoke your access (in whole or in part) to the Mindports App, or to discontinue the Mindports App (in whole or in part), at any time in its sole discretion without notice. Upon any revocation of your access or discontinuation of the Mindports App, you will cease your use of the Mindports App and will return or destroy all Confidential Information that may be in your possession. Sections 2, 3, 5, 7, 8, 9, 11, 12, and 13 will survive any revocation of your access or discontinuation of the Mindports App.
9. Disclaimers. THE Mindports APP SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Mindports EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, TITLE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Mindports MAKES NO WARRANTY THAT THE Mindports APP SITE WILL MEET YOUR REQUIREMENTS, THAT THE Mindports APP SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE CONTENT OF THE Mindports APP SITE WILL BE ACCURATE OR RELIABLE.
10. Limitation of Liability; Warranty. IN NO EVENT SHALL Mindports BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE Mindports APP, EVEN IF Mindports KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Mindports IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS MADE BY YOU OR BY ANY THIRD PARTY RELATING TO THE Mindports APP OR TO YOUR POSSESSION AND/OR USE OF THE Mindports APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE Mindports APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, Mindports’S CUMULATIVE TOTAL LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO THE Mindports APP SITE OR THIS USER AGREEMENT SHALL NOT EXCEED A SUM OF TWENTY U.S. DOLLARS (U.S. $20). Amendments. Mindports may at any time revise this User Agreement by updating this posting. By using this Mindports App, you agree to be bound by any revisions and therefore you should periodically visit this page of the Mindports App to examine the then-current Terms by which you are bound.
11. Copyright Policy. It is our policy to terminate access of any user who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Mindports App; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement will be provided by making a request through our website at http://www.mindports.com.
12. General. This User Agreement are governed by the laws of the State of Delaware without giving effect to any conflicts of laws principles that may require the application of the law of another jurisdiction. If any provision of this User Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions shall be unaffected and remain in full force and effect. Any suit or proceeding arising out of or relating to this User Agreement shall be commenced exclusively in state or federal court in San Francisco County, California; provided, however, that Mindports may seek injunctive relief in any venue and forum that it deems appropriate. All notices to you under this User Agreement will be effective when sent to the e-mail address you provided during the account registration process. Mindports’s failure to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision. This User Agreement constitute the entire agreement between you and Mindports regarding the use of the Mindports App. Mindports shall be solely responsible for providing any maintenance and support for the Mindports App specified herein or as required under applicable law.
13. Patents/Copyright/Trademark Information. Our technology is protected by US Patent 7,992,102, other patent applications, and other patents. Copyright © 2014, 2015, Mindports, Inc. All rights reserved. The Mindports Website, any associated applications, company-created mindports and author-created mindports (including its contents, interface, and look-and-feel) constitute the valuable intellectual property of Mindports, and Mindports retains exclusive ownership of all intellectual property rights subsisting therein. The trademarks, logos and service marks displayed on the Mindports App and our website are our property or the property of other third parties. You are not permitted to use these trademarks, logos, or service marks without our prior written consent or the consent of such third party owners.
14. Published Content. All content not otherwise claimed by an existing copyright or existing in the public domain, shall be deemed to be limited and controlled by the license granted under the Creative Commons Attribution 4.0 International License.
15. Third Party Content. By using the Mindports technology, authors are warranting that they they own or have the authority to post or link third party content, agree to provide proper attribution to content, and agree to accept any and all liability generated by wrongful or unauthorized use.