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Terms of Servie

MindSay Interactive LLC Terms of Service (TOS) Agreement

I. Acceptance of Terms
MindSay Interactive LLC (via MindSay) provides the following service to you, subject to the following Terms of Service (TOS) which may be updated periodically without notice. Failure to comply with the terms of service posted here (www.mindsay.com/tos.mws) may result in loss of account privileges.

II. Description of Service
MindSay is a service that provides its users with an online blog that can be updated via the Web. In addition to posting their own messages, images, and other data, users can browse other MindSay users' blogs through an assortment of community features.

III. Registration Information
The user agrees to provide complete and accurate information and update accordingly. MindSay is not responsible for service failures resulting from inaccurate user-provided information.

IV. Privacy Policy
MindSay has a publicly-available privacy policy located at:
http://www.mindsay.com/privacy.mws

V. Member Conduct
MindSay's Terms of Service (TOS) is designed primarily to protect our members and to ensure compliance with the service agreements of our business and technology partners. To help maintain a safe, fun, and lawful environment at MindSay, you must agree not to use MindSay's products or services to:

upload, post, email or otherwise transmit 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;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a MindSay official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through MindSay;
upload, post, email or otherwise transmit any content that you do not have a right to transmit 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);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("rights") of any party;
upload, post, email or otherwise transmit 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 rooms) that are designated for such purpose;
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 computer software or hardware or telecommunications equipment;
"stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that MindSay does not pre-screen content, but that MindSay and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that violates this Terms of Service agreement or is otherwise objectionable.

You understand that all content posted to the MindSay system or otherwise transmitted via MindSay is the sole responsibility of the individual who originally posted the content. You agree that MindSay and its owners will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmitted via MindSay. You agree that you 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.

MindSay reserves the right to preserve and disclose content posted to or transmitted via MindSay's if reasonably necessary to:

enforce our Terms of Service
comply with a legal process
protect the rights, property, or personal safety of any party.

VI. International Use
You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

VII. Use and Storage
You acknowledge that MindSay may establish limits concerning use of its service and may modify these limits at any time.

VIII. Modification of Terms of Service
MindSay reserves the right to modify the Terms of Service at any time. This includes the modification, discontinuation, or permanent termination of MindSay and all services MindSay offers. You agree that MindSay shall not be liable to you or any third party for any modification, suspension, or discontinuation of MindSay's service.

IX. Termination
MindSay retains the right to terminate access to MindSay's site and services at any time for any reason.

X. Advertising
MindSay reserves the right to include advertisements on any web page residing on its servers without prior notice and without recompense to you or any other user. MindSay is not responsible or liable for any loss or damage incurred as the result of the presence of advertisers in the MindSay service.

XI. E-Mail Communication
MindSay reserves the right to e-mail its registered users. Users may opt-out of e-mail communication at any time by going to the following URL: http://www.mindsay.com/email.mws

XII. Links
MindSay is not responsible for availability and does not endorse linked sites and is not responsible or liable for any loss incurred from any content, advertising, promotions, or other offers of linked sites.

XIII. Content Submitted to MindSay
You retain all ownership rights to your content. MindSay does not claim ownership of any content you publish on your MindSay blog. You are free to use your content online or offline in any manner you choose at any time.

When you publish your content on the MindSay, you grant MindSay a temporary license to use it on other portions of MindSay. This includes certain sections of "featured" and "recent" content that are dynamically created. We need this license to be able to show your content to other members and visitors.

Here's the detailed explanation of this license: by publishing content on your MindSay blog you grant MindSay a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit and display the content (as well as permit others - including without limitation MindSay's co-brand, content and syndication partners - to do the same)

MindSay may use this license solely for the following purposes:

Displaying, distributing and promoting your MindSay blog
Promoting and marketing MindSay's products and services
Promoting and marketing the products and services of MindSay's partners and affiliates
Promoting and marketing products and services related to your content

MindSay hereby waives any right to use this license to:

Produce and sell reproductions of your content directly to individual consumers (without your expressed consent)
Produce and sell derivative works based on your content directly to individual consumers (without your expressed consent)

This license exists only for as long as the content remains published on your MindSay site and only for as long you remain a MindSay member. In the event that you remove the content from your public MindSay blog (e.g., by deleting it or marking it "private" or "hidden") or in the event that your membership is terminated, this license shall expire (either immediately or upon termination of any promotional or marketing activities ongoing at the time).

XIV. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINDSAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) MINDSAY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINDSAY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

XV. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDSAY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDSAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

XVI. Intellectual Property
You must acknowledge and agree that MindSay and any necessary software used in connection with it may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All MindSay code and specifications are subject to their said or implied licenses.

XVII. Copyright
All content created by MindSay or its suppliers and included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of MindSay (or its suppliers) and protected by U.S. and international copyright laws.

The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MindSay and protected by U.S. and international copyright laws. The content and software on this site may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.

XVIII. Entire Agreement
The Terms of Service and documents it refers to is the only enforceable agreement between MindSay and its users.

XIX. Choice of Law, Jurisdiction, and Limitation of Time to File Claim
The user agrees that TOS will be interpreted under the laws of the chosen state and that action can only be brought in the chosen jurisdiction. Any claim related to a Terms of Service abuse must be filed within (1) year of the action related to the claim or be forever barred.

XX. Severability
Each provision in the preceding Terms of Service is separate and still valid even if another provision is declared unenforceable.

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