Acceptance of Terms

Mindhead Holdings LLC (“Company” or “us” or “we”) provides information, communications, features and services through these websites, web pages, emails, audio/visual and textual resources and any other medium or device now known or hereafter developed (which, along with the websites, are referred to as the “Service”). These Terms of Service also exclusively govern our interactions unless and until separately agreed in a signed writing executed by an officer of Company.

By using or accessing any part of the Service, including without limitation submitting your email address on web pages, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our websites.

If you don’t agree to these Terms of Service, don’t use the Service. We can change these Terms of Service at any time without any notice to you. It is your responsibility to review these Terms of Service from time to time for any changes as it creates binding legal agreement between you and Company. If you use the Service after we’ve changed any of the Terms of Service, you are agreeing to all of the changes. Again, if you do not agree, don’t use the Service.

Permission to Use the Service

You have our permission to use the Service, but only if: (a) you are over 13 years old; (b) you are using the Service for your own personal use and not for commercial purposes; (c) you do not copy the Service or any part of the Service; (d) you do not modify the Service or any part of the Service; (e) you follow all the rules and restrictions we’ve spelled out in these Terms of Service.

Accounts; Passwords; Security

You may need to set up an account in order to use some of the features of the Service. You may not use someone else’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

Personal Use Only

We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.

This Service is offered for personal, non-commercial use only. Any use for investigative, commercial, or adversarial purposes, or primarily to generate claims, is expressly unauthorized. Users engaging in such conduct are not considered ‘consumers’ under these Terms and waive any consumer-protection fee schedules or rules of procedure that might otherwise apply.

User Content

You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Service. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.

Restrictions on User Content and Your Conduct

You may not: (i) use our Service for any illegal purpose; (ii) submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right; (iii) forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit; (iv) submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else; (v) submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vi) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (vii) impersonate anyone else or lie about your affiliation with another person or entity; (viii) use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks; (ix) upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else’s computer systems, or data; (x) use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children; (xi) collect or gather other people’s personal information (including account information) from our Service; (xii) submit User Content which disparages us or our partners, vendor or affiliates; or (xiii) solicit, for commercial purposes, any users of our Service.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

Intellectual Property Rights in User Content

If you post User Content or send communications to us (including without limitation browser requests), you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Service without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Service a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Service and under these Terms of Service.

User Content you Share becomes Public

You understand that once you post User Content, your content becomes public. We may also make communications between us public, unless such communications are subject to a written confidentiality agreement. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see it, don’t post it on the Service.