Terms of Use

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE SERVICES ADMINISTERED BY Socialmentum, LLC (“COMPANY”), SUBSCRIBING TO THE SERVICES OF Socialmentum, LLC, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT, OR DATA, AND / OR OTHERWISE USING THE CONNECTED MindMixer WEBSITE (THE “SITE”), SOFTWARE, DATA AND / OR TECHNOLOGY USED, STORED, LICENSED, OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN. THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND THE SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE “SERVICE”). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

ACCEPTANCE OF TERMS

Socialmentum, LLC (“Socialmentum”) has established this website (the “Site”) to enable you, as a visitor, to provide input, feedback and suggestions on the topics described on the home page and other pages of the Site, as applicable. Please read this document carefully before accessing or using the Site. By accessing or using the Site in any way, including registering on the Site, contributing your input, feedback or suggestions, or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Socialmentum may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Socialmentum may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site constitutes your acceptance of the changes. Your access and use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Please regularly check the “Terms of Use” link at www.mindmixer.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates. These Terms of Use are in addition to Socialmentum’s other terms, conditions, policies, rules and regulations relating to the products and services it provides.

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Site content, consisting of text, graphics, photos, videos and other items (collectively, the “Content”), as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Content may violate such laws and the Terms of Use. Except as expressly provided herein, Socialmentum does not grant any express or implied rights to you to use the Content. You agree not to copy, republish, frame, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, perform, license, sublicense or reverse engineer any of the Content or the selection and arrangement of the Content, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Content.

The trademarks, service marks, logos and domain names (“Marks”) displayed on this Site are the property of Socialmentum or other third parties. You are not permitted to use or register the Marks or any trademark, service mark, logo or domain name that is confusingly similar thereto without the prior written consent of Socialmentum or such third party that may own the Marks.

USE OF SITE AND SERVICES

You shall pay all costs and charges that you incur in order to access or use the Site. You agree to use the Site only to to provide input, feedback and suggestions on the topics described on the home page and other pages of the Site. You are solely responsible for the content of any contribution you make to the Site. As some examples of improper activities when accessing or using the Site, you agree that you shall not:

• Violate the Guidelines for this Site.
• Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability.
• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about Socialmentum employees, contractors, agents or others.
• Use, or attempt to gain access to, another's user name, password, or computer systems, whether through hacking, password mining or any other means.
• Remove, or falsely add to any contribution you make to the Site, any copyright, trademark or other legal or proprietary rights notices, author attributions.
• Contribute anything to the Site in which you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights and rights of privacy and publicity.
• Use the Site in any manner that infringes any Intellectual Property Rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any Content thereof or systems resources, accounts, user names, passwords, servers or networks connected to or accessible through the Site or any affiliated sites.
• Transmit unsolicited or bulk communications to any Socialmentum affiliated e-mail address.
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses or worms.
• Create a false identity for the purpose of misleading others.
• Download any Content posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites.
• Access or use the Site in any manner that could damage, disable, overburden or impair any Socialmentum server or the network(s) connected to any Socialmentum server.
• Violate any applicable laws or regulations related to the access to or use of the Site.
• Contribute any topic, name, material or information to the Site that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
• Contribute to the Site any chain letters, contests, junk e-mail, giveaways, sweepstakes, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Violate the rights of Socialmentum or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Use any Socialmentum domain name as a pseudonymous return e-mail address.
• Pretend to be someone you are not, register more than once, contribute to the same topic multiple times without disclosing as such, or contribute in bad faith.
• Market any goods or services for any business purpose on the Site (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Socialmentum.
• Contribute input, feedback or suggestions provided to you by someone else, in consideration for payment of cash or other consideration.

REWARDS PROGRAM

Socialmentum currently offer a rewards program (the “Rewards Program”) on the Site through which Socialmentum awards certain prizes to users of the Site based on their contributions to the Site. Please see www.(projecturl)/rewards for additional information regarding the Rewards Program. Socialmentum, in its sole and absolute discretion, shall determine who shall receive a prize, the criteria for making such determination, and what prize shall be rewarded under any circumstance. Furthermore, Socialmentum retains the right to change, alter, modify, add to or remove any term or condition of the Rewards Program, including but not limited to, the right to discontinue, at any time for any reason, the Rewards Program. Neither Socialmentum nor the entity sponsoring the Site (the “Sponsor”) is under any obligation to award any prize to any user of the Site for any reason. Socialmentum, on behalf of itself and the Sponsor, disclaims any and all liability that may arise from or is related to a user’s use, control, ownership or possession of any prize awarded as part of the Rewards Program.

USAGE AND MONITORING

While Socialmentum has no obligation to monitor the Site and is not responsible for the content of any messages, information or files you contribute, Socialmentum reserves the right to monitor or review the Site at any time. Socialmentum may, at any time without notice and in its sole discretion, inactivate, make unavailable and take other appropriate action with respect to messages, information or files which Socialmentum, in its sole discretion, deems objectionable or otherwise in violation of the Terms of Use. Such action may include denying access to the Site at any time. Furthermore, Socialmentum may, with or without notice and in its sole discretion, terminate your access to or use of the Site as Socialmentum deems necessary to comply with applicable law, regulation, legal process or governmental request. All persons are hereby notified that use of the Site constitutes consent to such actions. Socialmentum does not endorse and has no control over user submissions. We cannot guarantee the authenticity of any data which users may provide about themselves or related to their idea or submissions. You acknowledge your use of the Site is at your own discretion and you will be solely liable and responsible for any damage or loss to any party resulting therefrom.

During the registration process, you will be required to provide us with your name, birthdate, zip code and email address. We will follow up by sending you an email to verify that you are the owner of the email address. We will use your email address to identify you in our system. If you do not provide the mandatory data required at registration, you will not be able to use the Site. You can choose to provide us with additional optional personal information in your profile, including your gender and mobile phone number.

All required information that you provide during the registration process must be current, complete and accurate and kept up to date on a prompt, timely basis. You must also choose a user name and password in connection with such registration. We reserve the right to inactivate or reclaim your user name if and when we believe necessary and/or appropriate. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your user name or password or any other breach of security, you shall notify Socialmentum immediately. By accessing or using this Site and setting up a password-restricted profile for the same, you consent to Socialmentum’s display of such information and accept all risks of unauthorized access to such information. With regard to the registration process, you agree to the following:

• You will not provide any false personal information on the Site, or create an account for anyone other than yourself.
• You will not use your personal profile for your own commercial gain (such as selling your idea submission ability to an advertiser).
• You will keep your contact information accurate and up-to-date. This is the only means by which you can be contacted directly by the Site’s administrator.
• You will not share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile.
• You will not transfer your profile to anyone.
• You shall not (a) select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene.

USE OF SITE BY GOVERNMENTAL ENTITIES

Socialmentum intends to comply with all local, state and federal laws related to the required disclosure of any information provided on the Site. Under many instances the Sponsor of this Site will be a governmental entity. In such instances, the governmental entity sponsoring the Site may or may not use the information that you provide on the Site for the purposes associated with such Site. It should be noted that such information may or may not be considered public information or public records under applicable state and federal laws. To the extent that anything you contribute to the Site, including your personal information, is considered a public record or as otherwise belonging to a governmental entity and, therefore, subject to certain local, state or federal disclosure laws, such applicable laws will govern the use and required disclosure of such information.

SOCIALMENTUM’S RIGHTS TO SUBMITTED MATERIALS

For all information, data, commentary, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, code, programs and products made available or enabled via the Site by Socialmentum (collectively the “Materials”) that you post or otherwise submit to the Site, you grant Socialmentum, the Sponsor and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute your contribution, including such Materials, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that neither Socialmentum nor the Sponsor shall be liable for any failure to store such Materials on the Site at any time. You represent and warrant that you own all right, title and interest in and to the Materials that you post to the Site, or that you own or control, or have received the necessary licenses or other rights to, contribute such Materials to the Site.

You are solely and entirely responsible for all of your contributions to the Site. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of contributions from others. Socialmentum does not guarantee the accuracy, integrity or quality of the Materials you contribute or the Materials anyone else contributes. You acknowledge and agree that by accessing or using the Site, you may be exposed to Materials from others that you find objectionable. You acknowledge and agree that neither Socialmentum nor the Sponsor shall be liable for any actions or inactions resulting from or related to any contribution made on the Site.

RESTRICTION AND TERMINATION OF USE

Socialmentum may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Socialmentum’s sole discretion, without prior notice or liability to you.

Except as indicated to the contrary elsewhere on this Site, you may view, download and print the Materials available on this Site subject to the following conditions:

• You will not quote or display the Materials, or any portions thereof, out of context or misrepresent the Materials.
• Socialmentum reserves the right to revoke the authorization to view, download and print any or all of the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Socialmentum.

LINKS TO THIRD PARTY SITES

The Site may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Socialmentum to you as a convenience and the inclusion of the links does not imply any endorsement by Socialmentum of any Linked Site. Unless otherwise provided, Socialmentum has no control of the Linked Sites and you therefore acknowledge and agree that neither Socialmentum nor the Sponsor is responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that neither Socialmentum nor the Spnosor is responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Furthermore, you may be able to access the Site from certain third party websites that are not affiliated with or related to this Site (i.e., Facebook, Linkedin, etc.). Neither Socialmentum nor the Sponsor is responsible for any information that you submit or actions that you take on these third party sites, and each disclaims and all liability from any claims, damages or causes of action that may arise out or or relate to your use of such sites.

WARRANTIES AND DISCLAIMERS

THE SITE IS PROVIDED BY SOCIALMENTUM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, MAKES NO WARRANTY THAT (i) THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE SITE CONTENT WILL BE ACCURATE OR RELIABLE; (iii) THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SOCIALMENTUM MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND SOCIALMENTUM MAKES NO COMMITMENT TO UPDATE THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT: (i) NEITHER SOCIALMENTUM NOR THE SPONSOR CONTROLS, ENDORSES, OR ACCEPTS RESPONSIBILITY FOR ANY MATERIALS OR SERVICES PROVIDED OR OFFERED BY THIRD PARTIES OR THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) SOCIALMENTUM AND THE SPONSOR MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) NEITHER SOCIALMENTUM NOR THE SPONSOR SHALL BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SOCIALMENTUM NOR THE SPONSOR WILL HAVE ANY LIABILITY RELATED TO SUBMITTED MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY SUBMITTED MATERIALS.

THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

PERSONAL INFORMATION AND PRIVACY

Socialmentum will use and protect your Personal Information in accordance with the Socialmentum Website Privacy Policy available on the Site, the contents of which are incorporated by reference into the Terms of Use.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SOCIALMENTUM ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, OR AGENTS OR THE SPONSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SOCIALMENTUM OR THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE; (iii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUBMITTED MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY AND LIABILITY

You agree to indemnify and hold the Sponsor, Socialmentum and its affiliates and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) Materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Site (including a third party’s use of such Materials or Content (e.g. reliance on the accuracy, completeness or usefulness of such Materials)); (ii) your access to or use of the Site; (iii) your connection to the Site; (iv) your violation of the Terms of Use; (v) your infringement of any third party’s Intellectual Property Rights when using or accessing the Site; (vi) your violation of any rights of any third party; or (vii) your access to or use of Linked Sites and your connections thereto.

GOVERNING LAW AND JURISDICTION

This Site (excluding Linked Sites) is controlled by Socialmentum from the State of Nebraska. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site constitute the entire agreement between Socialmentum and you with respect to your access to or use of the Site, superseding any prior agreements between you and Socialmentum on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Socialmentum regarding the use of specific Services or Materials ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Socialmentum’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Socialmentum to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Effective March 1, 2010