CombineMinds



Terms of Use
Date of Last Revision: August 2 , 2010


Welcome to CombineMinds, a social utility that connects you with people and projects around you. The CombineMinds service and network (collectively "CombineMinds" or "the Service) are operated by BeNiKo Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By using our website at www.combineminds.com or the mobile version (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). You agree to the these Terms of Use whether you are or are not a registered member of CombineMinds. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. Your continued use of the Service or the Site after any such modifications constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is the responsibility of the User to check the Site on a regular basis and determine any changes made to the Terms of Use.


Content

You understand that all projects, postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email, share, distribute, or otherwise make available via the Service. You understand that CombineMinds does not control, and is not responsible for Content made available through the Service, and that by using CombineMinds you may be exposed to Content that is indecent, offensive, inaccurate, misleading, inappropriate, or in any way objectionable. Furthermore, CombineMinds and the Content available on the Site may contain links to other websites ("Third Party Sites"), which are operate completely independently from CombineMinds. CombineMinds is not responsible for any of the Content made available on Third Party Sites and does not warrant any accuracy or decency from these websites. You agree that you must evaluate, assume all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will CombineMinds be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, shared or otherwise made available on CombineMinds. You understand that CombineMinds does not pre-screen or approve Content, but that CombineMinds shall have the right ( but not the obligation) in its sole discretion to refuse, delete, move or alter any Content that is available via the Service for any reason without notice.




Third Party Content, Sites, And Services

CombineMinds and Content available through the Service may contain links to Third Party Sites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, technologies, and other content or items belonging to or originating from third parties ("Third Party Applications Software or Content") Such Third Party Sites and Third Party Applications Software or Content are not monitored, investigated, or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Sites accessed through the Site or any Third Part Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications Software or Content. Linking to or permitting the use of installation of any Third Part Applications, Software or Content does not imply approval thereof by us. If you decide to leave the Site and access Third Party Sites or use or install Third Party Applications Software or Content you do so at your own risk.

If there is a dispute between Users on the Site, or between Users and Third Party Sites and/or Third Party Applications Software or Content you understand and agree that CombineMinds is under no obligation to become involved. In the event that these dispute between Users on the Site, or between Users and Third Party Sites and/or Third Party Applications Software or Content occur you hereby release CombineMinds, its officers, employees, agents, successors and other affiliates in rights from claims, demands, damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.




Proprietary Rights in Content

CombineMinds does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other Content that you (Users) upload, post, transmit share or otherwise make available on or through the Service. By displaying any Content on or through the Service you hereby grant CombineMinds a license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content on the Site. This license does not grant CombineMinds the right to sell your Content

You represent and warrant that you own the Content posted by you on or through CombineMinds, or otherwise have the legal right to post it on the Site. You warrant and agree that the posting of your Content on CombineMinds doesn not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on CombineMinds.




TradeMarks

COMBINEMINDS and all Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/ or as part of domain names, in connection with any product or service in any way that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permissions of the Company.




Eligibility

By using CombineMinds you represent and warrant that all registration information you submit is truthful and accurate; that you will maintain the accuracy of such information; that you are 13 years of age or older; your use of CombineMinds services doesn't violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning if we believe you are under the age of 13.




Fees

You acknowledge and agree that CombineMinds reserves the right to charge for any portion of the Site's services and to change fees from time to time at its discretion. If CombineMinds terminates your membership because you have breached the Terms of Use and/or any other agreement, you shall not be entitled to the refund of any fees.




Privacy and Information Disclosure

Your use of CombineMinds signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that CombineMinds may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms of Use; and protect the rights, property, or personal safety of CombineMinds, its Users and the general Public. You understand and agree that any information or Content provided to CombineMinds may be revealed or disclosed at any time for any reason without warning or explanation.




Conduct

You understand that except advertising programs offered by us on the Site, CombineMinds is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain slanderous, defamatory or otherwise unlawful material.




Furthermore you agree to not use CombineMinds to:

1) collect contact information of any kind from other Users of the Service by any means for the purposes of sending unsolicited emails or other unsolicited communications;

2) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site;

3) use automated scripts to collect information from or otherwise interact with the the Site;

4) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

5) register for more than one User account, register for a User account on behalf of an individual other than yourself;

6) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

7) upload, post, transmit, share, store or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "pyramid schemes," "chain letters," or any other form of solicitation;

8) upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers. email addresses, Social Security numbers and credit card numbers;

9) solicit personal information from anyone under the age of 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

10) upload, post, transmit share 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;

11) intimidate or harass another;

12) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

13) use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site;

14) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using of enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

You understand and agree to all rules of conduct above and furthermore to any rules of conduct implied by or added by CombineMinds.




Limitations on Service

You acknowledge that CombineMinds may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or store by the Service, and the frequency with which you may access the Service. You agree that CombineMinds has no responsibility or liability for the deletion of failure to store any Content maintained or transmitted by the Service. You agree that CombineMinds reserves the right to change or terminate the Service (or any part there of) at any time with or without notice, and that CombineMinds shall not be liable to you or any third party for any modification, suspension or termination of the Service.




Termination of Service

You understand and agree that CombineMinds, in its sole discretions, has the right (but not the obligation) to delete or deactivate your account or project, block your email or IP address, or otherwise terminate your access to use the Service (or any part thereof), at any time, for any reason, without notice or limitation and remove and discard Content within the Service. Further you agree that CombineMinds shall not be liable to you of any Third Party for any termination of your access to the Service. Further you agree not to attempt to use the Service after said termination.




Indemnity

You agree to indemnify and hold CombineMinds, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party part due to Content you upload, post, transmit, share, store or otherwise make available on the Site, your use of the Site, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.




Disclaimer of Warranties

YOU AGREE THAT USE OF COMBINEMINDS IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMBINEMINDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMBINEMINDS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/PR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUT WEBSITE BY ANY THIRD PARTY, AND/PR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMADE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMBINEMINDS WEBSITE. COMBINEMINDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PART THROUGH THE COMBINEMINDS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE OR FEATURES IN ANY BANNER OR OTHER ADVERISTING AND COMBINEMINDS WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANT TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.




Limitation of Liability

IN NO EVENT SHALL COMBINEMINDS, ITS OFFICERS, DIRECTORS, EMPLOYERS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF COMBINEMINDS, (III) ANY UNAUTHORIZED ACCES TO OR USE OF OUR SECURE SERVERS AND/PR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUT WEBSITE BY ANY THIRD PARTY, AND/PR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMADE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMBINEMINDS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHE LEFAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


YOU SPECIFICALLY ACKNOWLEDGE THAT COMBINEMINDS SHALL NOT BE LIABE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


CombineMinds is controlled and offered from its facilities in the United States of America. CombineMinds makes no representations that the Site is appropriate or available for use in other locations. Those who access or use CombineMinds from other jurisdictions do so at their own volition and are responsible for compliance with local law.


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Other

These terms of use constitute the entire agreement between you and CombineMinds regarding the use of the Site and/or the Service. The failure of CombineMinds to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision shall be deemed severable from these Terms of Use shall be deemed unlawful, void or for any other reason unenforceable than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.