Terms

Terms & Conditions

MINDSTREAM TERMS OF SERVICE


By using this website, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that are made available through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

The Company reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case the Company will post the revised Terms of Service on this website and update the “Last Updated” date to reflect the date of the changes. By continuing to use the Site after the Company posts any such changes, you accept the Terms of Service, as modified.

The Company also reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in the Company’s sole judgment, interferes with the ability of others to enjoy this website or infringes the rights of others.


SELF-SERVE ADVERTISING

When you submit advertising information for publication as part of the online advertising program offered by the Company through the Site’s self-serve advertising application, you agree that the information as it is entered on the Site may be adjusted, manipulated or enhanced by the Company to meet advertising placement requirements. Submission of advertising content does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We reserve the right to edit, reclassify, revise, reject or cancel any advertising content at any time, at the Company’s discretion, if the content does not meet the criteria for submission to a third-party advertising provider. Rates and specifications for any advertising are subject to change.

An order is submitted and accepted upon the express agreement that the liability of the Company and its officers, agents and employees for any representation error or omission in securing media shall be limited to the charges for the services and will not exceed the total amount of fees paid by advertiser to the Company during the one (1) month period preceding the date on which such claim arises. BY SUBMITTING AN ORDER, YOU AGREE TO THIS LIMITATION OF LIABILITY.


REPRESENTATION AND WARRANTY OF USER

You represent and warrant that you possess full rights to Website addresses, and all elements thereof, including the right to use the Website address with the content accessible thereby, which you have chosen to advertise and the use of keywords or Website addresses will not infringe upon or be in violation of the rights of any third party or in violation of any law, statute, regulation, or other governing rules applicable to your business. Accordingly, you agree to indemnify and hold harmless, the Company for all costs, charges or damages, as incurred, including reasonable attorney fees, which result from a breach by you, or any claim made asserting the representation made herein by you is untrue in whole or in part.


RIGHT TO USE TRADEMARKS AND PHOTOGRAPHS; PERMITS AND LICENSES; NO ENDORSEMENT

By agreeing to these Terms of Service, you represent and warrant your right and legal ability to use any trademark, trade name or copyrighted material included in any content submitted to the Company. You also represent and warrant that you own or have otherwise obtained all necessary legal rights to use any artwork, portrait, picture or illustration of a person shown in any content submitted to the Company. You will notify the Company, in writing, if you should cease to have any such right. You assume sole responsibility and liability for the proper use and protection of any intellectual property shared with the Company, including written content, pictorial illustration, design, map, photograph, or combination thereof, that is included in the digital advertising place by the Company on your behalf.

You also represent and warrant that you hold all necessary permits and licenses to provide the products and services identified in the digital advertising placed on your behalf by the Company and indemnify and hold harmless the Company from any claims or causes of action by third parties relating in any way to such products or services. You are responsible for ensuring your digital advertising also complies with any laws or regulations that may be applicable for your business. The Company does not approve or endorse your products or services, and you may not make any representation stating or suggesting such an approval or endorsement, regardless of whether or not it places digital advertising on your behalf.


RIGHTS AND RESTRICTIONS RELATING TO SITE CONTENT

Your Limited Right to Use Site Materials. This Site and all the materials available on the Site are the property of Mindstream Interactive and/or the Company’s affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for the support of your business’ digital advertising program use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site to support your business objectives, provided you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact the Company at biz@mindstreaminteractive.com

The Company’s Right to Use Materials You Submit or Post. When you submit or post any material via the Site, you grant Mindstream Interactive, and anyone authorized by the Company, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, to complete the fulfillment and provisioning of your digital advertising program. The foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant Mindstream Interactive, and anyone authorized by the Company, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as the Company deems appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.

Limitations on Linking and Framing. You are free to establish a hypertext link to the Company’s Site so long as the link does not, in the Company’s opinion, state or imply any sponsorship of your website or service by the Company or by the Site. However, you may not, without the Company’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of the Company’s materials, content or intellectual property.


SITE REGISTRATION PROCESS

To access certain features of the Site, the Company may ask you to provide certain demographic information including your gender, date of birth, zip code and country. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If the Company has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). The Company’s use of any personally identifiable information you provide as part of the registration process as governed by the terms of our Privacy Policy.


RESPONSIBILITY FOR YOUR USERNAME AND PASSWORD

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. The Company reserves the right to reject or terminate the use of any username that is deemed offensive or inappropriate. In addition, the Company also reserves the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in the Company’s sole judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.


PRIVACY

Mindstream Interactive respects the privacy of the users of its Site. Please take a moment to review our Privacy Policy.


MODIFICATIONS TO, OR DISCONTINUING OF, THE SITE

Mindstream Interactive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.


DISCLAIMERS

Throughout the Site, the Company may provide links and pointers to Internet sites maintained by third parties. The linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither the Company or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR ITS SUBSIDIARIES, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF THE COMPANY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY’S LIABILITY AND THE LIABILITY OF ITS SUBSIDIARIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.


INDEMNIFICATION

Throughout the Site, the Company may provide links and pointers to Internet sites maintained by third parties. The linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither the Company or subsidiary companies nor any of its respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.


SUSPENSION AND TERMINATION OF ACCESS

You agree that, in its sole discretion, the Company may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that the Company will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that the Company suspends or terminates your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.


OTHER

This agreement constitutes the entire agreement between the Company and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern. This agreement will be governed by and construed in accordance with the laws of the state of California, Illinois, Missouri, and Ohio without giving effect to any principles of conflicts of law.

This agreement is personal to you and you may not assign it to anyone. If any provision of this agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions. These Terms of Service are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Service may only be invoked or enforced by you or the Company. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Service must be filed by you within one year after such claim or cause of action arose or be forever barred.