Terms Of Use

The Map Your Mind Web site and Map Your Mind mind map® tool

Terms of Use and Notices

AGREEMENT BETWEEN USER AND MAP YOUR MIND

The Map Your Mind mind map tool is a Web service operated by Map Your Mind ('Map Your Mind'). This is a legal agreement between you and Map Your Mind with respect to the Map Your Mind mind map tool. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and/or use the Map Your Mind mind map tool. If you do not accept these Terms of Use in their entirety, you may not access or use the Map Your Mind mind map tool. Portions of the Map Your Mind mind map tool may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, terms and conditions and these Terms of Use, the Terms of Use shall control, except that the Map Your Mind mind map tool Privacy Policy, referenced below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, terms and conditions published in connection with the Map Your Mind mind map tool with respect to the subject matter covered by such privacy policy.

MODIFICATION OF THESE TERMS OF USE

Map Your Mind reserves the right to change the terms, conditions, and notices under which the Map Your Mind mind map tool is offered. You are responsible for regularly reviewing these terms, conditions and notices. Continued use of the Map Your Mind mind map tool after any such change shall constitute your consent to such change. Unless explicitly stated, otherwise, any new changes or improvements to the Map Your Mind mind map tool shall be subject to the Terms of Use, as modified from time to time.

CLIENT SOFTWARE USE LIMITATION.

You may use only Map Your Mind client software or authorized third-party software to access and/or use the Map Your Mind mind map tool. You may not use any software or hardware that reduces the number of users directly accessing or using the Map Your Mind mind map tool (sometimes called 'multiplexing' or 'pooling' software or hardware).

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Map Your Mind mind map tool except as expressly provided in these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Map Your Mind mind map tool, you will not use the Map Your Mind mind map tool for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Map Your Mind mind map tool in any manner that could damage, disable, overburden, or impair the Map Your Mind mind map tool or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any account, computer systems or networks associated with the Map Your Mind mind map tool. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Map Your Mind mind map tool.

You agree to use the Map Your Mind mind map tool only to send, receive, and transfer appropriate mind maps, messages and material. By way of example, and not as a limitation, you agree that when using the Map Your Mind mind map tool, you will not:

. Use the Map Your Mind mind map tool in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, transfer, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
· Transfer, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
· Use any material or information, including images or photographs, which is made available through the Map Your Mind mind map tool in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose.
· Download any file transferred by another user of the Map Your Mind mind map tool that you know, or reasonably should know, cannot be legally distributed in such manner.
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred.
· Restrict or inhibit any other user from using and enjoying the Map Your Mind mind map tool.
· Violate any code of conduct or other guidelines which may be applicable to the Map Your Mind mind map tool.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Map Your Mind mind map tool or other Map Your Mind mind map tool user or usage information or any portion thereof.
Map Your Mind has no obligation to monitor the Map Your Mind mind map tool. Map Your Mind reserves the right to terminate your access to the Map Your Mind mind map tool at any time, without notice, for any reason whatsoever.
Map Your Mind reserves the right at all times to disclose any information as Map Your Mind deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to transfer or to remove any information or materials, in whole or in part, in Map Your Mind´s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in the Map Your Mind mind map tool. Map Your Mind does not control or endorse the content, messages or information exchanged by means of the Map Your Mind mind map tool and, therefore, Map Your Mind specifically disclaims any liability with regard to the Map Your Mind mind map tool and any actions resulting from your participation in the Map Your Mind mind map tool.
You are responsible for all activities that occur in your Map Your Mind mind map tool account. You agree to notify Map Your Mind immediately of any unauthorized use of your account. Map Your Mind is not responsible for any loss that you may incur as a result of any unauthorized person using your account.

PRIVACY
See the Map Your Mind mind map tool Privacy Statement for disclosures relating to the collection and use of your information.
INTERACTION WITH THIRD PARTY SITES AND SERVICES
The Map Your Mind mind map tool may allow you to interact with third-party Web sites and Web services ('Link(s)'). The Links are not under the control of Map Your Mind and Map Your Mind is not responsible for the contents of any Links, including without limitation any link contained in a Link, or any changes or updates to a Link. Map Your Mind is not responsible for any form of transmission received from any Link, nor is Map Your Mind responsible if the Link is not working appropriately. Map Your Mind is providing these Links to you only as a convenience, and the inclusion of any Link does not imply endorsement by Map Your Mind of the Link or any association with its operators. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with the Links.
You are solely responsible for any dealings with third parties (including advertisers) who support the Map Your Mind mind map tool, including the delivery of and payment for goods and services.

TERMS OF USE FOR MAP YOUR MIND MIND MAP TOOL ENABLED PROPERTIES

For the terms and conditions governing your use of any Web site or service that enables you to use the Map Your Mind mind map tool other than the Map Your Mind mind map tool itself ('Map Your Mind mind map tool-Enabled Properties'), please refer to the applicable Terms of Use for such Map Your Mind mind map tool-Enabled Properties.

MAP YOUR MIND´S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT

By submitting any feedback or suggestions to Map Your Mind concerning the Map Your Mind mind map tool, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Map Your Mind and its affiliated companies permission to:
· Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
· Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
The foregoing grants shall include the right to exploit any proprietary rights in such feedback or suggestions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to Map Your Mind´s use of the materials contained within such feedback or suggestions. Map Your Mind is under no obligation to post or use any materials you may provide and may remove such materials at any time in Map Your Mind´s sole discretion.
This section is inapplicable to any personally identifiable information that you provide in connection with your registration for the Map Your Mind mind map tool. For terms and conditions governing use of such information, please refer to the Map Your Mind mind map tool Privacy Statement.
This section also is inapplicable to any documents, information, or other data that you transmit or otherwise submit to any Map Your Mind mind map tool-Enabled Properties. Please refer to the terms and conditions for such Map Your Mind mind map tool-Enabled Properties to determine the rights of the Web site or service provider to such documents, information and/or data.

SOFTWARE AND CONTENT AVAILABLE ON THE MAP YOUR MIND MIND MAP TOOL

All Map Your Mind content and software (if any) that is made available to view and/or download in connection with the Map Your Mind mind map tool ('Software') is owned by and is the copyrighted work of Map Your Mind and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ('License Agreement'). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Map Your Mind hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Map Your Mind mind map tool in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Map Your Mind and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the Netherlands. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to the Netherlands export restrictions.

LIABILITY DISCLAIMER
MAP YOUR MIND AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE MAP YOUR MIND MIND MAP TOOL FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. MAP YOUR MIND AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL MAP YOUR MIND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MAPY YOUR MIND MIND MAP TOOL, WITH THE DELAY OR INABILITY TO USE THE MAPY YOUR MIND MIND MAP TOOL, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE MAPY YOUR MIND MIND MAP TOOL, OR OTHERWISE ARISING OUT OF THE USE OF THE MAPY YOUR MIND MIND MAP TOOL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAP YOUR MIND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MAPY YOUR MIND MIND MAP TOOL, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MAPY YOUR MIND MIND MAP TOOL.
CUSTOMER SUPPORT
Map Your Mind provides information about how to use the Map Your Mind mind map tool as part of Map Your Mind mind map tool.

TERMINATION/ACCESS RESTRICTION
Map Your Mind reserves the right, in its sole discretion, to terminate your access to and use of the Map Your Mind mind map tool or any portion thereof at any time, without notice.
This Agreement is governed by the laws of the Netherlands. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Rotterdam, the Netherlands in all disputes arising out of or relating to the use of the Map Your Mind mind map tool. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Map Your Mind as a result of this agreement or use of the Map Your Mind mind map tool. Map Your Mind may assign this agreement, in whole or in part, at any time. Map Your Mind´s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Map Your Mind´s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Map Your Mind mind map tool or information provided to or gathered by Map Your Mind with respect to such use. You agree to indemnify and hold Map Your Mind, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Map Your Mind mind map tool. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement, including the documents expressly incorporated by reference above, constitute the entire agreement between the user and Map Your Mind with respect to the Map Your Mind mind map tool and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Map Your Mind with respect to the Map Your Mind mind map tool. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL

Map Your Mind may also terminate or suspend your access to the Map Your Mind mind map tool for inactivity, which is defined as failing to log onto the Map Your Mind mind map tool for an extended period of time, as determined by Map Your Mind.

INTELLECTUAL PROPERTY NOTICES
All contents of any Map Your Mind Web site related to the Map Your Mind mind map tool are: Copyright © 2002, 2003 Map Your Mind and/or its suppliers, c/o Map Your Mind. All rights reserved.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Map Your Mind may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages that are part of the Map Your Mind mind map tool. Except as expressly provided in these Terms of Use, the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

July 10, 2002
© 2002, 2003 Map Your Mind. All rights reserved.

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