Terms of Service

Date of Last Revision: May 21, 2010

 Statement of Rights and Responsibilities This Statement of Rights and Responsibilities (“Statement”) governs our relationship with users and others who interact with Mind Movies. By using or accessing Mind Movies, you agree to this Statement. Privacy Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use MindMovies to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. Sharing Your Content and Information You own all of the content and information you post into MindMovies. In addition:

For content that is covered by intellectual property rights, like photos (“IP content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MindMovies (“IP License”). This IP License ends when you delete your IP content.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

We always appreciate your feedback or other suggestions about MindMovies, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety We do our best to keep MindMovies safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not send or otherwise post unauthorized commercial communications (such as spam) on MindMovies.

You will not collect users’ content or information, or otherwise access MindMovies, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MindMovies.

You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

You will not use MindMovies to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working of MindMovies, such as a denial of service attack.

You will not facilitate or encourage any violations of this Statement.

Registration and Account Security MindMovies users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on MindMovies, or create an account for anyone other than yourself without permission.

You will keep your contact information accurate and up-to-date.

You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

Spamming MindMovies encourages you to use our service as long as you abide by the MindMovies Terms of Service and MindMovies’s prohibition on spamming and unethical marketing activities. The following are some examples of spamming that violate the Terms of Service and MindMovies’s Universal Spam Policy:

Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through MindMovies computer systems.

Relaying email from a third party’s mail servers without the permission of that third party.

Using or causing to be used MindMovies computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.

Using “robots” or otherwise harvesting other’s email addresses from the MindMovies site for purposes of sending unsolicited or unauthorized material.

Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

Sending unsolicited emails directing people to mind movies.

Protecting Other People’s Rights We respect other people’s rights, and expect you to do the same.

You will not post content or take any action on MindMovies that infringes or violates someone else’s rights or otherwise violates the law.

We can remove any content or information you post on MindMovies if we believe that it violates this Statement.

If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

You will not use our copyrights or trademarks (including MindMovies, the Mind Movies and “o” Logos), or any confusingly similar marks, without our written permission.

You will not post anyone’s identification documents or sensitive financial information on MindMovies.

Payments If you make a payment on or to MindMovies all sales come with a 30 day guarantee, after that all sales are final.

Special Provisions Applicable to Share Links 

If you include our Share Link button on your website, the following additional terms apply to you:

We give you permission to use MindMovies’s Share Link button so that users can post links or content from your website on MindMovies.

You give us permission to use and allow others to use such links and content on MindMovies.

You will not place a Share Link button on any page containing content that would violate this Statement if posted on MindMovies.

Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website, the following additional terms apply to you:

You are responsible for your application and its content and all uses you make of Platform.

You will not misrepresent your relationship with MindMovies to others.

We can issue a press release describing our relationship with you.

Amendments

We can change this Statement at any time without notice.

Termination If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of MindMovies to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. Disputes

You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to this Statement or MindMovies exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on MindMovies, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP MINDMOVIES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MINDMOVIES “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MINDMOVIES WILL BE SAFE OR SECURE. MINDMOVIES IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MINDMOVIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MINDMOVIES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MINDMOVIES’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

You consent to having your personal data transferred to and processed in the United States.

If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on MindMovies (such as advertising or payments) or operate a Platform application or website.

Definitions

By “MindMovies” we mean the features and services we make available, including through (a) our website at www.MINDMOVIES.com and any other MindMovies branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By “us,” “we” and “our” we mean MindMovies, Inc., or if you are outside of the United States, MindMovies Ireland Limited.

By “Platform” we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from MindMovies or provide data to us.

By “information” we mean facts and other information about you, including actions you take.

By “content” we mean anything you post on MindMovies that would not be included in the definition of “information.”

By “data” we mean content and information that third parties can retrieve from MindMovies or provide to MindMovies through Platform.

By “post” we mean post on MindMovies or otherwise make available to us (such as by using an application).

By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By “active registered user” we mean a user who has logged into MindMovies at least once in the previous 30 days.

By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.

Other

This Statement makes up the entire agreement between the parties regarding MindMovies, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.