Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES FROM MISTER MIND. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

Legal Disclaimers and Limitations

  1. Responsibility of Contributors. Those who post material to, provide links to material from, or otherwise make material available by means of MisterMind’s websites (“Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:
    • The downloading, copying and use of the materials you make available will not infringe the proprietary rights, including but not limited to intellectual property rights, of any third party.
    • You have fully complied with any third-party licenses relating to such materials, and have done all things necessary to successfully pass through to end users any required terms.
    • The materials you make available do not contain any viruses, worms, trojan horses or other harmful or destructive content.
    • The materials you make available are not obscene or libelous, and do not violate the right of privacy or publicity of any third party.
    • You have, in the case of computer code, accurately categorized and described the type and nature of the materials if and when requested by MisterMind's Creations to do so.
    • Without limiting any of those representations or warranties, MisterMind has the right (though not the obligation) to, in MisterMind’s sole discretion: (a) remove any content that, in MisterMind’s reasonable opinion, violates any MisterMind policy or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.
  2. Responsibility of Website Users. MisterMind's Creations has not reviewed, and cannot review, all of the material, including computer software, available on or by means of MisterMind's Creations' website, and cannot therefore be responsible for that material’s content, use or effects. By operating its website, MisterMind's Creations does not represent or imply that it endorses the material there available, or that it believes such material to be accurate, useful or nonharmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses and other harmful or destructive content. MisterMind's Creations' website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. MisterMind's Creations' website may also contain material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MisterMind's Creations disclaims any responsibility for any harm resulting from the use by MisterMind's Creations' visitors of MisterMind's Creations' website, or from any downloading by those visitors of content available on or by means of MisterMind's Creations' website.
  3. Changes. Content contained on MisterMind's Creations' website, including these Legal Disclaimers and Limitations, may be changed at the sole discretion of MisterMind's Creations and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Disclaimers and Limitations.
  4. Content Posted on Other Websites. MisterMind's Creations has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MisterMind's Creations' website links, and that link to MisterMind's Creations' website. MisterMind's Creations does not have any control over those non-MisterMind's Creations websites and webpages, and is not responsible for their contents or their use. By linking to a non-MisterMind's Creations website or webpage, MisterMind's Creations does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses and other harmful or destructive content. MisterMind's Creations disclaims any responsibility for any harm resulting from your use of non-MisterMind's Creations websites and webpages.
  5. LIMITATION OF WARRANTIES OF MISTERMIND'S CREATIONS. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM MISTERMIND'S CREATIONS' WEBSITE IS PROVIDED "AS IS," AND MISTERMIND'S CREATIONS, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MISTERMIND'S CREATIONS, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT MISTERMIND'S CREATIONS' WEBSITE IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH MISTERMIND'S CREATIONS' WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT MISTERMIND'S CREATIONS, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  6. LIMITATION OF LIABILITY OF MISTERMIND'S CREATIONS. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL MISTERMIND'S CREATIONS, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF MISTERMIND'S CREATIONS' WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF MISTERMIND'S CREATIONS, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. General Representation and Warranty. You represent and warrant that your use of MisterMind's Creations' website will be in accordance with MisterMind's Creations' Privacy Policy, with these Legal Disclaimers and Limitations, with any applicable laws and regulations, and with any other applicable policy or terms and conditions.
  8. Indemnification. You agree to defend, indemnify and hold harmless MisterMind's Creations, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of MisterMind's Creations' website, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.

Trademark Notices

If you are a trademark owner or an agent of a trademark owner and believe that content available by means of one of MisterMind’s websites infringes one or more of your trademarks, please immediately notify MisterMind's Copyright Agent by means of emailed, mailed and include the information described above for DMCA notices. MisterMind handles notices it receives of trademark violations via a process very similar to the DMCA Notice process that is described above for copyrights. In addition to the DMCA Notice requirements, MisterMind requires that the entire Trademark Notice be made by the trademark owner (or her agent) under penalty of perjury.

Use of Content

Passwords

You acknowledge and agree that the password selected by and used by you in conjunction with your account is to be kept secret and confidential. You agree that you shall not disclose such password to any other party without the express written permission of Desmos.
You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your account and password, and that Desmos is authorized to accept your user name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Desmos does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Desmos does not have the ability to access the password(s) themselves.