ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The trademarks, service marks, logos and domain names (“Marks”) displayed on this Site are the property of Socialmentum or other third parties. You are not permitted to use or register the Marks or any trademark, service mark, logo or domain name that is confusingly similar thereto without the prior written consent of Socialmentum or such third party that may own the Marks.
USE OF SITE AND SERVICES
You shall pay all costs and charges that you incur in order to access or use the Site. You agree to use the Site only to to provide input, feedback and suggestions on the topics described on the home page and other pages of the Site. You are solely responsible for the content of any contribution you make to the Site. As some examples of improper activities when accessing or using the Site, you agree that you shall not:
Socialmentum currently offer a rewards program (the “Rewards Program”) on the Site through which Socialmentum awards certain prizes to users of the Site based on their contributions to the Site. Please see www.(projecturl)/rewards for additional information regarding the Rewards Program. Socialmentum, in its sole and absolute discretion, shall determine who shall receive a prize, the criteria for making such determination, and what prize shall be rewarded under any circumstance. Furthermore, Socialmentum retains the right to change, alter, modify, add to or remove any term or condition of the Rewards Program, including but not limited to, the right to discontinue, at any time for any reason, the Rewards Program. Neither Socialmentum nor the entity sponsoring the Site (the “Sponsor”) is under any obligation to award any prize to any user of the Site for any reason. Socialmentum, on behalf of itself and the Sponsor, disclaims any and all liability that may arise from or is related to a user’s use, control, ownership or possession of any prize awarded as part of the Rewards Program.
USAGE AND MONITORING
During the registration process, you will be required to provide us with your name, birthdate, zip code and email address. We will follow up by sending you an email to verify that you are the owner of the email address. We will use your email address to identify you in our system. If you do not provide the mandatory data required at registration, you will not be able to use the Site. You can choose to provide us with additional optional personal information in your profile, including your gender and mobile phone number.
All required information that you provide during the registration process must be current, complete and accurate and kept up to date on a prompt, timely basis. You must also choose a user name and password in connection with such registration. We reserve the right to inactivate or reclaim your user name if and when we believe necessary and/or appropriate. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your user name or password or any other breach of security, you shall notify Socialmentum immediately. By accessing or using this Site and setting up a password-restricted profile for the same, you consent to Socialmentum’s display of such information and accept all risks of unauthorized access to such information. With regard to the registration process, you agree to the following:
USE OF SITE BY GOVERNMENTAL ENTITIES
Socialmentum intends to comply with all local, state and federal laws related to the required disclosure of any information provided on the Site. Under many instances the Sponsor of this Site will be a governmental entity. In such instances, the governmental entity sponsoring the Site may or may not use the information that you provide on the Site for the purposes associated with such Site. It should be noted that such information may or may not be considered public information or public records under applicable state and federal laws. To the extent that anything you contribute to the Site, including your personal information, is considered a public record or as otherwise belonging to a governmental entity and, therefore, subject to certain local, state or federal disclosure laws, such applicable laws will govern the use and required disclosure of such information.
SOCIALMENTUM’S RIGHTS TO SUBMITTED MATERIALS
For all information, data, commentary, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, code, programs and products made available or enabled via the Site by Socialmentum (collectively the “Materials”) that you post or otherwise submit to the Site, you grant Socialmentum, the Sponsor and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute your contribution, including such Materials, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that neither Socialmentum nor the Sponsor shall be liable for any failure to store such Materials on the Site at any time. You represent and warrant that you own all right, title and interest in and to the Materials that you post to the Site, or that you own or control, or have received the necessary licenses or other rights to, contribute such Materials to the Site.
You are solely and entirely responsible for all of your contributions to the Site. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of contributions from others. Socialmentum does not guarantee the accuracy, integrity or quality of the Materials you contribute or the Materials anyone else contributes. You acknowledge and agree that by accessing or using the Site, you may be exposed to Materials from others that you find objectionable. You acknowledge and agree that neither Socialmentum nor the Sponsor shall be liable for any actions or inactions resulting from or related to any contribution made on the Site.
RESTRICTION AND TERMINATION OF USE
Socialmentum may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Socialmentum’s sole discretion, without prior notice or liability to you.
Except as indicated to the contrary elsewhere on this Site, you may view, download and print the Materials available on this Site subject to the following conditions:
LINKS TO THIRD PARTY SITES
The Site may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Socialmentum to you as a convenience and the inclusion of the links does not imply any endorsement by Socialmentum of any Linked Site. Unless otherwise provided, Socialmentum has no control of the Linked Sites and you therefore acknowledge and agree that neither Socialmentum nor the Sponsor is responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that neither Socialmentum nor the Spnosor is responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
Furthermore, you may be able to access the Site from certain third party websites that are not affiliated with or related to this Site (i.e., Facebook, Linkedin, etc.). Neither Socialmentum nor the Sponsor is responsible for any information that you submit or actions that you take on these third party sites, and each disclaims and all liability from any claims, damages or causes of action that may arise out or or relate to your use of such sites.
WARRANTIES AND DISCLAIMERS
THE SITE IS PROVIDED BY SOCIALMENTUM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, MAKES NO WARRANTY THAT (i) THE USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE SITE CONTENT WILL BE ACCURATE OR RELIABLE; (iii) THE SITE WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SOCIALMENTUM MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND SOCIALMENTUM MAKES NO COMMITMENT TO UPDATE THE SITE.
YOU ACKNOWLEDGE AND AGREE THAT: (i) NEITHER SOCIALMENTUM NOR THE SPONSOR CONTROLS, ENDORSES, OR ACCEPTS RESPONSIBILITY FOR ANY MATERIALS OR SERVICES PROVIDED OR OFFERED BY THIRD PARTIES OR THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) SOCIALMENTUM AND THE SPONSOR MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) NEITHER SOCIALMENTUM NOR THE SPONSOR SHALL BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SOCIALMENTUM NOR THE SPONSOR WILL HAVE ANY LIABILITY RELATED TO SUBMITTED MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SOCIALMENTUM, ON BEHALF OF ITSELF AND THE SPONSOR, ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY SUBMITTED MATERIALS.
THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
IN NO EVENT SHALL SOCIALMENTUM ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, OR AGENTS OR THE SPONSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF SOCIALMENTUM OR THE SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE; (iii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUBMITTED MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding Linked Sites) is controlled by Socialmentum from the State of Nebraska. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.
Effective March 1, 2010