Terms of Use Agreement
Read These Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on August 25, 2008.
This Terms of Use Agreement sets forth the standards of use of MundaneThoughts.com and all other Online Services provided by dejDesign.com. By using the http://www.MundaneThoughts.com website (herein referred to as “Website” or “Site” or “MundaneThoughts.com”) you (herein referred to as “Member” or “the Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the site. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. MUNDANETHOUGHTS.COM is available ONLY TO USERS 14 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 14 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
1. Description of Service
The site is providing Member with access to information and image content, online shopping services, and an online community/discussion blog service (herein referred to as “Service”). Member must provide (1) all equipment necessary for their own Internet connection, including computer and network connections, and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is provided by the Website on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, The Website makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Website shall have no liability for any interruptions in the use of this Website. The Website disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
dejDesign.com and MundaneThoughts.com shall not be liable for any damages whatsoever, and in particular MundaneThoughts.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MundaneThoughts.com has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
4. Indemnification
Member agrees to indemnify and hold MundaneThoughts.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify MundaneThoughts.com of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of MundaneThoughts.com.
6. Modifications and Interruption to Service
MundaneThoughts.com reserves the right to modify or discontinue the Service with or without notice to the Member. MundaneThoughts.com shall not be liable to Member or any third party should MundaneThoughts.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that MundaneThoughts.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. User Conduct/Acceptable Use Policy
You may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. You may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of MundaneThoughts.com or others.
To the extent that the Services provide Users an opportunity to store and exchange information, materials, data, files, programs, ideas and opinions (“User Content”), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein. You further agree to and hereby do grant, and you represent and warrant that you have the right to grant, MundaneThoughts.com, its contractors, and the users of the MundaneThoughts.com an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such content, including a User’s likeness. This license does not grant MundaneThoughts.com the right to sell User Content or otherwise distribute it outside of MundaneThoughts.com’s Services. You continue to retain all ownership rights in any User Content you provide and shall remain solely responsible for your conduct, your User Content, and any material or information transmitted to other Users for interaction with other Users. MundaneThoughts.com does not claim any ownership rights in any User Content.
Content posted by MundaneThoughts.com users or members are generally not reviewed by MundaneThoughts.com. MundaneThoughts.com shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that MundaneThoughts.com, in its sole discretion, deems to be (a) inconsistent with MundaneThoughts.com’s strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence or prejudicial content) and/or these Terms of Service; or (b) possibly in violation of applicable law. In addition, MundaneThoughts.com has the right to remove any content if MundaneThoughts.com has reason to believe that displaying such content may infringe the rights of a third party or subject MundaneThoughts.com to expense or liability. Please notify us at TOS [at symbol] MundaneThoughts.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
MundaneThoughts.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit MundaneThoughts.com’s response to a future complaint. You acknowledge and agree that MundaneThoughts.com shall not assume or have any liability for any action or inaction by MundaneThoughts.com with respect to any User Content.
Additionally, MundaneThoughts.com reserves the right, without limitation, to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines for user conduct:
• You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the MundaneThoughts.com Site, computer systems and network, or the Services.
• You may not attempt to interfere with any other person’s use of the Services.
• You may not misrepresent your identity or impersonate any person.
• You may not attempt to gain access to any account, computers or networks related to the Services without authorization.
• You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.
• You may not attempt to charge others to use the Services either directly or indirectly.
• You may not use the Services to participate in pyramid schemes or chain letters.
• You may not use the Services to send, either directly or indirectly, any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or communications.
• You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.
• You may not use the Services to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
• You may not use the Services to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
• You may not use the Services to download any material sent by another User of the Services that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.
• You may not use the Services to harvest or otherwise collecting information about others, including e-mail addresses.
• You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by MundaneThoughts.com in connection with the MundaneThoughts.com Site or Services.
• All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of MundaneThoughts.com.
8. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MundaneThoughts.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
MundaneThoughts.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Nebraska. As such, we are subject to the laws of the State Nebraska, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Nebraska.
11. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 MundaneThoughts.com, will all rights reserved, or is the property of MundaneThoughts.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MundaneThoughts.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MundaneThoughts.com.
MundaneThoughts.com™ are proprietary marks of dejDesign.com. MundaneThoughts.com’s trademarks may not be used in connection with any product or service that is not provided by MundaneThoughts.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MundaneThoughts.com.
All other trademarks displayed on MundaneThoughts.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MundaneThoughts.com.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MundaneThoughts.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
dejDesign.com
1108 Marshall Cir
Papillion, NE 68046
TOS [at symbol] MundaneThoughts.com
14. Botnets
MundaneThoughts.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MundaneThoughts.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MundaneThoughts.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
