Terms and Conditions
Last Revised - September 2011
Terms of Service
You must register for a membership in order to access the Service. When completing the registration form, you will acknowledge that (a) you are at least 13 years of age, and (b) you, or, if you are under 18 years of age, your parent or legal guardian, have read and accept the terms outlined in the TOS. You will also provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or if mymentalspace has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, mymentalspace has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will enter a password and login name during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify mymentalspace of any unauthorized use of your membership or any other breach of security.
Individuals may obtain a membership with the Service without paying a fee. mymentalspace will charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, this information will be posted by mymentalspace on the Service. You may use a credit card to pay these fees. When you use a credit card for payment, you represent to mymentalspace that you are the authorized card holder. For recurring fees, mymentalspace will charge your credit card each month. For one-time fees, mymentalspace will charge your credit card once. mymentalspace reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but mymentalspace will not refund any fees that may have accrued to your membership before you cancel it. mymentalspace may also charge you for any sales or use taxes to which the Service is subject.
LICENSE, PROHIBITED USES
We authorize you to:
Use the Service, which use includes and is limited to installing and storing any computer software supplied by Mymentalspace on any computer that you own; operating the software in any manner prescribed by Mymentalspace; and accessing Mymentalspace Database to use the Content in any manner prescribed in Section 11 of these TOS.
You agree that you will not:
impersonate any person, including a mymentalspace employee or agent, on the Service; violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in these TOS; or reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
OWNERSHIP AND RESTRICTIONS
The license granted in these TOS does not constitute a transfer or sale of mymentalspace’s ownership rights in the mymentalspace Database. mymentalspace retains all right, title, and interest in and to the mymentalspace Database, including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the mymentalspace Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the mymentalspace Database, or your rights and obligations pursuant to these TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the mymentalspace Database, unless expressly authorized in these TOS.
mymentalspace does not authorize, and will take all reasonable steps to prohibit, anyone under 13 years of age from purchasing, accessing, registering, or using any of mymentalspace products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to mymentalspace that (a) you are at least 13 years old and (b) you will similarly take all reasonable steps to prohibit anyone under 13 years of age from purchasing, accessing, registering, or using any of mymentalspace’s products and services.
Certain registration information and other information about you may be collected by mymentalspace and through the Service. By using mymentalspace, you are agreeing to our collection and use of your personal information as described below. We will notify all active accounts of any significant changes to this policy.
What information does mymentalspace collect?
Account information includes email address, State, gender, birth year, and user name.
The main thing that mymentalspace collects is user behavior data including web site visits. We do not collect keystrokes, form input, or anything nefarious. Our records include web site URL, web site title, start time of use, end time of use, and OS username.
We also track your blocking behavior. What websites are you blocking or unblocking? Why are you blocking or unblocking them for? What is your favorite content? How often people visit certain sites (in the aggregate form only). And various other data points that allow us to aggregate behavioral trends on the Internet.
Cookies and Log Files
mymentalspace.com sends a "cookie" to your computer that contains an identification number that is unique to the computer you are using. We use this cookie to provide you with a continuous experience, and for us to record how our site/service is being used.
As is done with most web sites, we log each visit to each web page. A log entry can contain information typically found in the "header" of your web browser's request such as the browser type you used, your Internet Protocol address, and the date and time of day. We may also log your cookie's identification number and the URL of the last site you visited. This log information is important for security, audit, quality improvement, as well as for monitoring the health of our service.
We do reserve the right to change this policy at any time. Again, we will notify all active accounts of any significant changes we make.
Your privacy is really important to us, and we recognize that it's a major concern that some people have with mymentalspace. If you have any concerns that aren't covered here, please contact us.
You, or, if you are under 18 years of age, your parent or legal guardian, represent and warrant to mymentalspace: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of an individual minor, or a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to mymentalspace; and (c) you will pay all charges that you incur at mymentalspace then-current rates.
You indemnify, and will defend and hold mymentalspace, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these TOS, or your violation of any rights of a third party.
MODIFICATIONS TO SERVICE
mymentalspace reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. mymentalspace is not responsible or liable to you or to any third party for any inconvenience, loss, or damage that may result directly or indirectly from any modification, suspension, or discontinuance of the Service.
YOUR USE OF CONTENT PROVIDED THROUGH THE SERVICE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content found on the mymentalspace Website or otherwise provide through your use of the Service ("the Content").
Except for all User Submissions (as defined below) the Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein ("the Marks"), are owned by or licensed to mymentalspace, subject to copyright and other intellectual property rights under the law. The Content is provided to you "AS IS, WHERE IS" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. mymentalspace reserves all rights not expressly granted in and to the Website and the Content. mymentalspace account holders may submit video content ("User Videos"), image content ("User Images") and textual content ("User Quotes/Comments"). User Videos, User Images and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, mymentalspace does not guarantee any confidentiality with respect to any User Submissions. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the mymentalspace Website. You shall not copy or download any User Submission unless you see a "download" or similar link displayed by mymentalspace on the mymentalspace Website for that User Submission.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the mymentalspace Website. User Comments are made available "AS IS, WHERE IS", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the mymentalspace Website or otherwise as prohibited under this Agreement. You may access the Content, User Submissions and other content only as permitted under this Agreement. mymentalspace reserves all rights not expressly granted in and to the Content and the mymentalspace Website. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the mymentalspace Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the mymentalspace Website or the Content therein. You understand that when using the mymentalspace Website, you will be exposed to User Submissions from a variety of sources, and that mymentalspace is providing User Submissions "AS IS, WHERE IS, and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable claims, rights, or remedies you have or may have against mymentalspace with respect thereto. You also agree to indemnify and hold mymentalspace, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. mymentalspace does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and mymentalspace expressly disclaims any and all liability in connection with User Submissions. mymentalspace does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and mymentalspace will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. mymentalspace reserves the right to remove Content and User Submissions without prior notice.
YOUR USER SUBMISSIONS AND CONDUCT
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize mymentalspace to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Submissions to enable inclusion of the User Submissions in the manner contemplated by the Website and these TOS, as well as the use of such User Submissions by others who access the Website or use the Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to mymentalspace, you hereby grant mymentalspace a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the mymentalspace Website, the Service, and mymentalspace's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the mymentalspace Website (and derivative works thereof) and/or the Service in any media formats and through any media channels. You also hereby grant each user of the mymentalspace Website a non-exclusive, irrevocable, perpetual license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these TOS. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the mymentalspace Website. You understand and agree, however, that mymentalspace may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. In connection with your User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant mymentalspace all of the license rights granted herein. You further agree that you will not submit material that is contrary to the mymentalspace Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
THE DIGITAL MILLENNIUM COPYRIGHT ACT
NOTICE: If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent can be notified at email@example.com
COUNTER-NOTICE: If you believe that any of your User Submissions that were removed (or to which access was disabled) are not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to our Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, mymentalspace may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may, at mymentalspace's sole discretion, be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
The Service may provide links to third party web sites. mymentalspace has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. mymentalspace will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. mymentalspace EXPRESSLY DISCLAIMS 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 RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mymentalspace OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
mymentalspace WILL NOT BE LIABLE 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 mymentalspace HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL mymentalspace’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO mymentalspace IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by mymentalspace to collect fees or recover damages for, or obtain an injunction relating to, mymentalspace’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Wayne County, Michigan, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or mymentalspace may seek any interim or preliminary relief from a court of competent jurisdiction in Wayne County, Michigan necessary to protect the rights or property of you or mymentalspace pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000 in addition to any actual damages incurred by the party against whom such action was filed.
mymentalspace may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and mymentalspace and governs your use of the Service, superseding any prior agreements between you and mymentalspace. However, You also may be subject to additional terms and conditions that may apply when you use other mymentalspace products or services. The TOS and the relationship between you and mymentalspace will be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Wayne County, Michigan. The failure of mymentalspace to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or it is waived and forever barred.