Terms And Conditions

If you do not agree to the Terms of Use, please do not register for or enter the website. The website may modify the Terms of Use at any time, without notice. Any modifications made by the website will be posted on this page. Therefore we recommend you return to this page on a regular basis to view the Terms of Use. Your continued use of the website after a modification introduced by SMS will be construed that you agree to the modified Terms of Use. If you do not agree to a modification, you should stop visiting the website immediately.
 

We at SMS take the Terms of Use seriously. We believe they are necessary to create a web atmosphere in which the website's Visitors, Registered Members, content providers and service providers may feel safe and respected. If we believe you have breached any of the Terms of Use, we may, without notice, suspend or terminate your ability to access the website and/or any other service, specific content, digital products, products, courses or events, provided to you by SMS and/or the website, including any personal website.
 

Your use of the website is subject to our Privacy Policy set forth below.

Visitors to the website may register their identifying information and become “Registered Members.” Anyone Visitor 13 or older may register (but see our notices below regarding “Children Under Age 13” and “Children Between the Ages of 13 and 18”). As a Registered Member, you have your own profile that identifies you according to privacy settings you control as a member of the website, and have access to community tools, game playing, join and contribute to discussion groups and blogs and other services in which only Registered Members may participate. AS a Visitor you will enjoy a limited access to the games offered by the website and may participate in the discussion groups and blogs as a viewer.
Each Registered Member receives a unique screen name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the website. You agree to immediately notify the website of any unauthorized use of your password or account or any other breach of security. SMS and the website cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

You may register on the website if you are 13 or older. The website is not directed at children under 13 years of age. Any registration, use of, or access to the website by anyone under 13 is unauthorized, unlicensed and in violation of the Terms of Use.
The website does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register to the website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 13 may provide any personal information to or on the website. If we learn that we have collected personal information from a child under age 13 with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@mind360.com.

We recommend that minors over the age of 13 ask their parents for permission before posting any information about themselves on any website or sending any information about themselves to anyone over the Internet.
Parents of children between the ages of 13 and 18 who wish to allow their children access to the website have the responsibility to determine the content that is appropriate for their children.

The website presents resources for the purpose of informing, entertaining and creating a community among its Visitors and Registered Members. The website's’ intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided by the website, the Visitors or Registered Members as an authoritative course of action for an individual with educational, medical or mental health concerns. The information contained on the website is not and should not replace a consultation with a qualified expert in the field who is familiar with your particular circumstances, such as physician, health care provider or therapist.
The website, the content therein and information posted by either SMS the Visitors and Registered Members, as well as the products and services on the website are not an attempt to practice medicine or provide specific medical advice. Use of the website does not establish a doctor-patient relationship.  Any health information and links on the website, whether provided by SMS, the Visitors or Registered Members is provided simply for your convenience.

From time to time, the website may make available to you certain services offered by third parties, or pages of the website may include links to other parties’ websites. Those third party services and websites are not governed by the Terms of Use but may be governed by other terms of use and privacy policies. Also, the website does not review all the content of these external websites and is not responsible for the quality of information on any of the external websites or any link contained in the external websites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

SMS is the owner of the website as a whole and of any individual content on the website that is provided by SMS staff members or contributors who provide work under contract with SMS. All the website content is protected under the copyright and intellectual property laws. The website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of the website content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the website.

The website is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas. The interactive nature of postings on the website makes it impossible for the website to assume responsibility for the materials posted by the Registered Members. The ideas, suggestions, opinions, comments and observations made by Registered Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”) are not endorsed by the website, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the website is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.
The website does not claim any ownership rights in Member Content. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to the website or posting it on the website, you expressly grant the website a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Member Content in any form, solely in connection with the website or other affiliated or related SMS ventures. This license is sub-licensable (so that SMS is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SMS website and any other SMS services). This license will continue perpetually unless and until you remove your Member Content from the SMS website. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that SMS may retain archived copies of your Member Content.
If you choose to post Member Content on the website, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of the website reflects your respect for the legal rights of the Registered Members. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). Without derogating from the generality of the above, you also agree not to post Member Content containing adult or sexually explicit material.
You acknowledge that the website may or may not pre-screen or monitor Member Content (for instance, to determine if it was created by the Member posting it, or if it is posted without authorization), but that SMS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the website, with or without notice.

The following rules of conduct apply to your use of the website and to any and all Member Content post on the website, whether the Member Content is included in blogs, the website Groups (as defined below), private messages, emails, profiles, comments or any other portion or feature of the website.
You may not, in connection with the website upload, post, email or otherwise transmit any Member Content that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right; breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter); a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent); constitutes a misrepresentation of facts or hate speech; violates or encourages others to violate any applicable law, statute, ordinance or regulation; promotes software or services that deliver unsolicited email or spam; contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or, which harm minors in any way; or, solicit personal information from anyone under 18; or, use or create inappropriate screen names or the website Group names; or, provide false or deceptive information (including impersonating another person or entity); or, use the website as a forwarding service to another website; or, do anything to prevent the full and complete display of advertisements on the website pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the website; or, exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people’s entries or other Member Content when you have not been granted the privileges to do so; or, allow usage by others in such a way as to violate the website's’ Terms of Use.
You may not, except with the website's’ express advance authorization or in a specially designated area (e.g., account settings), use the website to upload, post, email or otherwise transmit any Member Content that provides any telephone numbers, street addresses, last names, URLs or email address; and/or engage in commercial activities within the website (such as by advertising or selling products or services or inducing Registered Members and Visitors to the website to enroll in a promotional or money-making enterprise); and/or solicit donations for any purpose.
Although the website provides rules of conduct for Visitors and Registered Members, the website does not control and is not responsible for Visitors' and Registered Members’ activities regarding the website. The website and SMS  assume no responsibility for monitoring Member Content or conduct that may violate the Terms of Use, including these Rules of Conduct. With regard to any third party rights, SMS relies on Registered Members’ representations that they are either the creator of Member Content or have authorization to distribute it. If at any time SMS chooses, in its sole discretion, to monitor or investigate any Member Content or conduct, SMS nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Registered Member.

The website may in its sole discretion allow the posting of Member Content that contains a link to free goods or services, but such posting is confined to the website Groups (as defined below) that are designated as “Freebie” Groups. If you wish to promote a commercial offer on the website, please contact SMS’ advertising sales department at.

Registered Members may create and maintain their own “the website Groups” within the website. A “website Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.
The Registered Member who creates an the website Group is the “Group Manager.” The Group Manager may invite Group Moderators. The Group Manager and the Group Moderator(s) are encouraged to set a positive tone for the website Group and to report to the website any abuse or violation of the Terms of Use.
In the Group Manager’s sole discretion, he or she may decide whether the website Group is restricted to certain individuals or is accessible to the general public; change the website Group’s access designation (whether restricted or public) at any time; in restricted website Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Manager’s discretion; and delete any Member Content posted to the website Group.
In addition, the Group Manager may also transfer or delegate any of these decisions and/or responsibilities to another Registered Member, who should be designated on the website Group home page as a successor Group Manager or as a “Group Moderator.”
In the Group Moderator’s sole discretion, he or she may: in restricted website Groups, decide who may be a participant, and the participant list may be changed at any time in the Group Moderator’s discretion; and delete any Member Content posted to the website Group.
In response to Registered Member conduct in website Groups that violates the Terms of Use, the website may take any or all of the actions described in “Registered Members,” above, and/or the following actions with regard to the website Group: delete an entire website Group; change Group Manager or Group Moderator status; or, block any participant from the website Group.

SMS respects the intellectual property of others, and we ask our Visitors and Registered Members to do the same. Thus, in your use of and interactions with SMS and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. The website reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Registered Members who we believe to be infringers.
If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.
SMS’ agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: info@mind360.com
By mail: [POB12057 Herzlia, Israel], attention of [Danny]
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

You are solely responsible for your interactions with Visitors and/or other Registered Members. The website reserves the right, but has no obligation, to monitor or take action regarding disputes between these parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then the website shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, the website may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by the website.

You agree to indemnify and hold SMS and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you submit, post, transmit or otherwise make available through the website, your use of the website or other SMS services, your connection to the website, your violation of the Terms of Use and/or your violation of any rights of another.

The website may establish general practices and limits concerning use of the website, including, for example, limits on the number of days that blogs, message board postings or other uploaded content and Member Content will be retained; or, the website Groups to which you may belong; or, files (including graphics, photographs, videos or sound/music files) that may be posted; or, disk space that will be allotted on the website's servers on your behalf; or, times you may access the website in a given period of time (and the maximum duration of your visits to the website).
You agree that the website has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by the website.

The website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website, or any part thereof, with or without notice. The website and SMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

SMS may, under certain circumstances and without prior notice, immediately terminate your website account and access to the website and any other website services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of any of the Terms of Use, or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the website, or any part thereof; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other SMS products or services. Termination of your website account includes: (i) removal of access to all pages within the website; (ii) deletion of your password and all related information, files and materials, including Member Content associated with or inside your account, or any part thereof; and (iii) barring of further use of the website. Further, you agree that all terminations for cause shall be made in the website's sole discretion and that the website shall not be liable to you or any third party for any termination of your account, any associated email address or access to the website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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) SMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE WEBSITE OR ANY OTHER SERVICES OFFERED BY THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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; (C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE; (D) A SMALL PERCENTAGE OF THE WEBSITE USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU OR ANYONE IN YOUR FAMILY HAS AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 SMS HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (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 WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, SUCH DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR SMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of liability may not apply to you.

Please report any violations of the Terms of Use, including objectionable Member Content or behavior, to info@mind360.com. Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, the website in its sole discretion may investigate the matter and take such action as the website determines to be appropriate.

The website's failure to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. This means that the website may at any time choose to take an action that it is permitted or legally entitled to take, even if the website has not taken such an action in the past, in the same or a similar situation.
 

Terms of Use last update: December 2008