Terms Of Use – Mind Spark Technologies
Welcome to MindSparkTechnologies.com (collectively, “Mind Spark Technologies”), the websites that offers you services to help you track your key metrics and better understand your business. These Terms of Service, together with Mind Spark Technologies’s Privacy Statement (collectively the “Terms”), govern your use of MindSparkTechnologies.com and Mind Spark Technologies.org and the services offered therein (collectively, the “Sites”). Your access to the Sites in any way is evidence of your acceptance of the Terms and your agreement to the enforcement of said Terms. If you do not agree to the Terms, you may not use the Sites. Mind Spark Technologies reserves the right, in its sole discretion, to change, modify, or otherwise alter the Terms at any time, effective upon posting of the modified Terms on the Sites. Your continued use of the Sites or any materials or services accessible through the Sites after such posting means you accept the modifications.
Site Access and Limited License of Personal Use MindSparkTechnologies.com, the owner of all rights in and to the Sites and the services offered therein, grants you a limited license to access and make personal use of the Sites. You may not download or modify any portion of the Sites, except with the express written consent of Mind Spark Technologies. Your limited license to use the Sites does not include any resale or commercial use of the Sites or their contents, or any derivative use of the Sites or their contents, or any use of data mining, robots or similar data gathering and extraction tools or processes on the Sites. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Sites for any commercial purpose. For purposes of these Terms, such “content” shall include, without limitation, any text, software, scripts, graphics, photos, audio, music, videos, and/or interactive features accessible on or through the Sites, including all User Posts (defined below). By using the Sites, you warrant to Mind Spark Technologies that you will not use the Sites, or any of the content obtained from the Sites, for any purpose that is unlawful or prohibited by the Terms. Mind Spark Technologies does not grant any license or other authorization to use any of its trademarks, service marks, or other copyrightable material or other intellectual property on the Sites. If you violate any of these Terms, your permission to use the Sites automatically terminates, and Mind Spark Technologies may take legal action against you to protect its intellectual property rights.
In consideration of your use of the Sites, you agree to: (a) provide true, accurate, current and complete information about your company as prompted by the Sites, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is inaccurate, not current or incomplete, Mind Spark Technologies may terminate your account and refuse your future use of the Sites.
The Services may be accessed through the Internet, through wireless internet services provided by mobile network providers and via the Mobile Application from time to time. You are solely responsible for making all arrangements necessary to access the Services, including any charges associated with such access. Mind Spark Technologies shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Services through the Internet or via any form of internet services.
By using the Sites you agree that you will not do any of the following: a.Restrict or inhibit any other user from using and enjoying the Sites; b.Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; c.Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication or engage in spamming or flooding; d.Post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; e.Post, publish, transmit, reproduce, distribute or in any way exploit any information or material obtained through the Sites for commercial purposes (other than as expressly permitted by Mind Spark Technologies); f.Upload, post, publish, transmit, reproduce, or distribute in any way, any material obtained through the Sites which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder; g.Take any action that imposes, or may impose in Mind Spark Technologies’s sole discretion an unreasonable or disproportionately large load on Mind Spark Technologies’s infrastructure; h.Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on or through the Sites; i.Bypass any measures Mind Spark Technologies may use to prevent or restrict access to the Sites; j.Harvest or collect information, including screen names, about other members or users of the Sites. The use of any information learned through the Services is limited to the express purposes set forth in these Terms; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited. k.Take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content using the Sites that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity. Mind Spark Technologies has no obligation to monitor the Sites. However, you acknowledge and agree that Mind Spark Technologies has the right to monitor the Sites electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Sites properly, or to protect itself or its users. Mind Spark Technologies will not intentionally monitor or disclose any private electronic-mail message unless required by law. Mind Spark Technologies reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it finds, in its sole discretion, is unacceptable, undesirable, inappropriate or in violation of these Terms.
Your privilege to use or access the Sites may be terminated by Mind Spark Technologies immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Sites and agree not to re-register or otherwise make use of the Sites. Furthermore, you acknowledge that Mind Spark Technologies reserves the right to take action, in its sole discretion, to block, nullify or deny your ability to access the Sites.
Mind Spark Technologies reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Sites and/or the Premium Services, or any part thereof. Mind Spark Technologies shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold Mind Spark Technologies and its officers, directors, employees, agents, affiliates, partners, content providers, advertisers and users harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Sites or the placement or transmission of any message, information or other materials through the Sites by you or users of your account or related to any violation of these Terms by you or users of your account.
