MINDJOLT TERMS OF USE

Last Updated Date: 03/02/10

Welcome to MindJolt, a free flash-game service accessible at our website http://www.mindjolt.com and through various Social Networking Sites (either, the "Services"). The following terms and conditions ("Terms of Use") govern your access to and use of the Services and any features or software provided through the Services, any software you download or embed and, except as otherwise provided in these Terms of Use, all games, text, graphics, images, music, software, audio, video, information or other materials available through the Services ("Content"). Please read carefully these Terms of Use. They constitute a binding legal agreement between you and MindJolt.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR EMBEDDING ANY SOFTWARE OR ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT.

Modification

MindJolt reserves the right, at its sole discretion, to modify or terminate the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on our website and other primary access points to the Services or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of the home page of our website. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

Account Registration

Some Content and other features of the Services are available for members of various Social Networking Sites without separately registering with with MindJolt. But in order to access certain other features of the Services, you must register to create an account ("Account") and become a "Member" through our website. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MindJolt reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify MindJolt of any unauthorized use of your Account.

Ownership

The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. MindJolt (or in some cases its licensors) exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Software License

Conditioned upon your compliance with the terms and conditions of these Terms of Use, MindJolt grants you a non-exclusive and non-transferable license for a single user to download and use the executable form of our underlying platform software and the executable form of the software for each of our game offerings on a single computer or mobile device, solely for your personal, non-commercial purposes. MindJolt reserves all rights in the software not expressly granted to you in these Terms of Use. For purposes of these Terms of Use, "Execute" means to load, install and run the software in order to benefit from its functionality.

Software License Term

The license granted under these Terms of Use remains in effect for a period of 75 years, unless earlier terminated in accordance with these Terms of Use. You may terminate the license at any time by destroying all copies of the software in your possession or control. The license granted under these Terms of Use will automatically terminate, with or without notice from MindJolt, if you breach any term of these Terms of Use. Upon termination, you must at MindJolt's option promptly destroy or return all copies of the software in your possession or control.

Software Restrictions

Except as expressly specified in these Terms of Use, you may not: (a) copy (except in the course of loading or installing) or modify the software, including but not limited to adding new features or otherwise making adaptations that alter the functioning of the software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the software to any third party; or (c) make the functionality of the software available to multiple users through any means, including but not limited to by uploading the software to a network or file-sharing service or through any hosting, software services provider, service bureau, software-as-a-service (SaaS) or any other type of services. You agree that portions of the software, including but not limited to the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of MindJolt and its licensors. Accordingly, you agree not to disassemble, decompile or reverse engineer the software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Content License

Subject to your compliance with the terms and conditions of these Terms of Use, MindJolt grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to use, access, view, download and print any Content solely for your non-commercial, personal-entertainment purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MindJolt, except for the licenses and rights expressly granted in these Terms of Use.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You may submit Feedback by emailing us at feedback@mindjolt.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of MindJolt and you hereby irrevocably assign to MindJolt and agree to irrevocably assign to MindJolt all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At MindJolt's request and expense, you will execute documents and take such further acts as MindJolt may reasonably request to assist MindJolt to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the Services, or any individual element within the Services, MindJolt's name, any MindJolt trademark, logo or other proprietary information, or the layout and design of any page or form contained on any page of our Service, without MindJolt's express written consent;
  • Access, tamper with, or use non-public areas of the Service, MindJolt's computer systems, or the technical delivery systems of MindJolt's providers;
  • Attempt to probe, scan, or test the vulnerability of any MindJolt system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MindJolt or any of MindJolt's providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MindJolt or other generally available third-party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a MindJolt trademark, logo URL or product name without MindJolt's express written consent;
  • Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our website;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

MindJolt will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MindJolt may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that MindJolt has no obligation to monitor your access to or use of the Services or Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MindJolt reserves the right, at any time and without prior notice, to remove or disable access to any Content that MindJolt, at its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Services.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that MindJolt is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MindJolt of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms of Use, MindJolt will have the right to suspend or disable your Account or terminate these Terms of Use, at its sole discretion and without prior notice to you. MindJolt reserves the right to revoke your access to and use of the Services and Content at any time, with or without cause. In the event MindJolt terminates these Terms of Use for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to privacyterms@mindjolt.com.

Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MINDJOLT EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MINDJOLT MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. MINDJOLT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MINDJOLT OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT MINDJOLT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES MINDJOLT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. MINDJOLT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold MindJolt, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content, or your violation of these Terms of Use.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT REMAINS WITH YOU. NEITHER MINDJOLT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDJOLT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL MINDJOLT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED TWENTY-FIVE U.S. DOLLARS ($25).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MINDJOLT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of MindJolt used herein are trademarks or registered trademarks of MindJolt. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the federal or state courts located in the Northern District of California and each of the parties hereto consents to the personal jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between MindJolt and you regarding the Services and Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between MindJolt and you regarding the Services and Content; though you may enter into additional terms and conditions as a developer of games for MindJolt, which terms these do not supersede or replace.

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without MindJolt's prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. MindJolt may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (i) by MindJolt via email (in each case to the address that you provide) or (ii) by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of MindJolt to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MindJolt. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Contacting MindJolt

If you have any questions about these Terms of Use, please contact MindJolt at privacyterms@mindjolt.com.