TERMS AND CONDITIONS

 

Summary

 

Mindshare

  • Collects registrants’ email addresses and the names used when signing up only for email correspondences and treats this information as confidential. No other data is collected from users and users can opt out of correspondences anytime and delete their data from Mindshare via the “wipe data” link on the footer.

  • Will not share any personally identifiable information, anonymized data, or metadata with any third party.

  • Makes notification emails opt in. If you want an email when other users interact with you by liking a comment or answering a question, email support@mindshare.app with the words "subscribe to notifications". You can adjust when you're notified in your settings on Mindshare.

  • Assumes no intellectual property rights to any content posted by users

  • Can remove any content that admins believe may cause harm to others

Please read below and contact support@mindshare.app for additional information. Mindshare is a proof of concept and unaffiliated with any companies or products called Mindshare.

Definitions of Terms

 

In order to access Mindshare (hereinafter collectively referred to as the "Service"), you agree to the following Terms and Services, including any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service (collectively referred to as "Content"). We reserve the right, at our sole discretion, to terminate or modify these terms of service ("Terms of Service" or the "Agreement") at any time and for any reason. We will take reasonable steps to notify you of any such changes. By using the Service, you agree to be bound by the terms of service then in effect. Do not access the Service if you do not agree to be bound by these Terms of Service.

 

Eligibility

 

You may use the Service only if you can form a binding contract with theorist, inc. and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by theorist, inc. for misconduct.

Accounts

 

You may be able to view content of the Service without an account, but you must create an account to contribute to the Service's use. Your Mindshare account gives you access to the Service that we may establish and maintain from time to time and in our sole discretion. By connecting to Mindshare with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

 

You are responsible for maintaining security and control over your account information, including email address and password. If you do not, you may lose access to your personal information and any data stored on Mindshare.

 

You are responsible for your use of the Service, for any Content you add to the Service, and for any consequences thereof. The content may be viewable by other users based on your discretion. You understand and agree that the Services are provided to you on an "as is" and "as available" basis and using them is done at your own risk.

 

Privacy

 

By using the Service, you agree to our storage and use of the information you provide to us. We may use this information in various ways, including but not limited to providing you with communications regarding service announcements and administrative messages. We will not share any personally identifiable information, anonymized data, or metadata with any third party.

Content

 

You are responsible for all Content added or reviewed on Mindshare.

 

You agree not to add Content that infringes or violates someone else's rights or otherwise violates the law. You agree not to add pornographic Content or Content that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortuous. You agree not to add unauthorized commercial communications, commonly known as spam. You acknowledge that theorist, inc. may not monitor or control Content added and does not support or guarantee the accuracy of any Content. You understand that you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Theorist, Inc. will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content added, transmitted or otherwise made available via the Service. We can remove any Content you add to Mindshare and/or disable your account if we determine in our sole discretion that such action(s) is appropriate.

You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such Content and have the power to grant the license granted below. Theorist, Inc. reserves the right, but is not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

 

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your Content, you affirm, represent and warrant the following: Your Content and theorist, inc.’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Theorist, Inc. may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all your Content and other information that you provide to us is truthful and accurate.

 

DMCA Notice

 

Theorist, Inc. respects copyright and, when applicable, fair use. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent via support@mindshare.app with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests

  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work

  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located

  • Your address, telephone number, and email address

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Content License Grant

 

By posting any Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to theorist, inc. a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and theorist, inc.’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under this Agreement.

 

End User License Grant

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Theorist, Inc. reserves all rights not expressly granted herein in the Service and theorist, inc. may terminate this license at any time for any reason or no reason.

 

Restrictions

 

In order to use our Services:

You agree to comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities; You agree not to access, tamper with, or use non-public areas of the Services, theorist, inc.’s computer systems, or the technical delivery systems of theorist, inc.’s providers; You agree to not use any process or code to damage, disable, impair, or otherwise attack Mindshare or the networks connected to Mindshare; You agree not to use any process or means, whether automated or manual, to capture data of any other user of Mindshare for any reason; You agree to immediately notify us if you learn of a security breach or other illegal activity on the Services or Website; and You agree to prevent violations and enforce these Terms of Service and remediate any violations, we can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate, without notice to you.

 

Intellectual Property

 

You agree not to use theorist, inc. trademarks, logos, domain names, and other distinctive brand features, or any confusingly similar marks, without our written permission. Any feedback, comments, or suggestions you may provide regarding theorist, inc. or the Service is voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you.

 

Third Parties

 

We have no control over third-party websites that we provide links or access to through our Service. These third-party websites are not bound by our Terms of Service or Privacy Policy. You assume all the risk and liability associated with accessing any such third-party websites, and agree to hold us harmless for any damages you incur or cause.

 

Indemnification and Limitation of Liability

 

You hereby agree to indemnify theorist, inc. from any claim or action arising from your use of the Service and Content. You also agree to indemnify theorist, inc. for your breach of the terms set forth by third-party websites whose content is used within our Service. You agree that theorist, inc., its directors, employees, agents, subsidiaries, affiliates and other partners shall not be liable for any damages whatsoever resulting from your use of the Service or from the Content provided by you or others through the Service or through a third-party website.

Disclaimer

We provide the Service on an "as is" basis without warranties of any kind, either express or implied. There are no guarantees for the accuracy of the Content on our Service. We may, without prior notice, change the Service; stop providing the Services or Website or features of the Services or Website, to you or to users generally; or create usage limits for the Services or Website. We may permanently or temporarily terminate or suspend your access to the Services or Website without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

No Waiver

 

No right set forth in these Terms of Service shall be waived or modified due to our failure to enforce or exercise such a right.

 

Severability

 

If any part or provision of these Terms of Service are found to be illegal or unenforceable, the remainder of the Terms of Service shall remain in effect.

 

Governing Law, Jurisdiction, and Exclusivity

 

Any claim relating in any way to theorist, inc., the use of our Services or Website or otherwise arising out of these Terms of Service shall be governed by the laws of the State of New York and its courts, without regard to its conflict of law provisions. You unconditionally submit to the exclusive personal jurisdiction of New York courts.

 

The Terms of Service and Privacy Policy are the entire and exclusive agreement between theorist, inc. and you regarding the Services and/or Website. These Terms supersede and replace any prior agreements between theorist, inc. and you regarding the Services and/or Website. We may revise these Terms of Service at any time and without notice. By using Mindshare you are agreeing to be bound by the then-current version of these Terms of Use.

Questions

If you have any questions about these Terms, please contact us at support@mindshare.app