1. ACCEPTANCE OF TERMS
Welcome, MNTalent.com provides the MNTalent.com service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from
time to time without notice to you; provided that, we will not alter Section 7
("Content Submitted to MNTalent.com") without prior notice to and
acceptance by you. Please note that
other 3rd party services, outside of MNTalent.com, are governed by a
different Terms of Service.
2. DESCRIPTION OF SERVICE
MNTalent.com currently provides users with access to a rich collection of
on-line resources, including personal web page hosting services (the
"Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new MNTalent.com
resources, shall be subject to the TOS. In order to use the Service, you must
obtain access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
3. YOUR REGISTRATION
OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or MNTalent.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, MNTalent.com has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion
thereof). You also understand and agree that the service may include certain
communications from MNTalent.com, such as service announcements, administrative
messages and the Various MNTalent.com Newsletters, and that these
communications are considered part of MNTalent.com membership.
4. MNTALENT.COM PRIVACY
POLICY
Pursuant to the MNTalent.com privacy policy, we may disclose to third parties
certain aggregate information contained in your Registration Data or related
data, provided that, such information will NOT include personally identifying
information, except as specifically authorized by you or in the good faith
belief that such action is reasonably necessary to comply with the law, legal
process, to enforce the TOS, or under any of the other circumstances set forth
in our privacy policy, as may be amended from time to time.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content originated. This
means that you, and not MNTalent.com, are entirely responsible for all Content
that you upload, post or otherwise transmit via the Service. MNTalent.com does
not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is offensive, indecent or
objectionable.
You agree to not use the
Service to:
(a) upload, post or
otherwise transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person
or entity, including, but not limited to, a MNTalent.com official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
(d) forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service or develop restricted or password-only access
pages, or hidden pages or images (those not linked to from another accessible
page);
(e) upload, post or
otherwise transmit any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
(f) upload, post or
otherwise transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party;
(g) upload, post or
otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation, except in those
areas of the Service that are designated for such purpose;
(h) upload, post or
otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
(i) disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other users of
the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
(j) interfere with or
disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to
the Service;
(k) intentionally or
unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of
law;
(l) "stalk" or
otherwise harass another;
(m) collect or store
personal data about other users;
(n) promote or provide
instructional information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to, providing instructions on how
to assemble bombs, grenades and other weapons, and creating "Crush"
sites;
(o) use your home page (or
directory) as storage for remote loading or as a door or signpost to another
home page, whether inside or beyond MNTalent.com;
(p) have multiple MNTalent.com
addresses that are within the same MNTalent.com neighborhood or that have the
same theme; or
(q) engage in commercial
activities without enrolling in MNTalent.com -approved affiliate programs. This
includes, but is not limited to, the following activities:
6. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
7. CONTENT SUBMITTED TO
MNTALENT.COM
MNTalent.com does not claim ownership of the Content you place on your
MNTalent.com Site. By submitting Content to MNTalent.com for inclusion on your
MNTalent.com Site, you grant MNTalent.com the world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your
MNTalent.com Site on MNTalent.com Internet properties. This license exists only
for as long as you continue to be a MNTalent.com homesteader and shall be
terminated at the time your MNTalent.com Site is terminated.
You acknowledge that MNTalent.com
does may or may not pre-screen Content, but that MNTalent.com and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or remove any Content that is available via the Service. Without
limiting the foregoing, MNTalent.com and its designees shall have the right to
remove any Content that violates the TOS or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold MNTalent.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that MNTalent.com may establish general practices and limits
concerning use of the Service. Currently, each MNTalent.com address allows
particular individuals to have 1MB of disk space for his or her files.
11. MODIFICATIONS TO
SERVICE
MNTalent.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that MNTalent.com shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
12. TERMINATION
You agree that MNTalent.com, in its sole discretion, may terminate your
password, MNTalent.com Site, use of the Service or use of any other MNTalent.com
service, and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if MNTalent.com believes that
you have violated or acted inconsistently with the letter or spirit of the TOS.
MNTalent.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree
that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that MNTalent.com
may immediately deactivate or delete your MNTalent.com Site and all related
information and files in your MNTalent.com Site and/or bar any further access
to such files or the Service. Further, you agree that MNTalent.com shall not be
liable to you or any third-party for any termination of your access to the
Service.
13. ADVERTISEMENTS AND
PROMOTIONS
MNTalent.com currently does not allow commercial advertising but may at it’s discretion
run advertisements and promotions on MNTalent.com Sites. By creating your
MNTalent.com Site, you agree that MNTalent.com has the right to run such
advertisements and promotions. The manner, mode and extent of advertising by MNTalent.com
on your MNTalent.com Site is subject to change. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You
agree that MNTalent.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because MNTalent.com has no control over such
sites and resources, you acknowledge and agree that MNTalent.com is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that MNTalent.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
15. MNTALENT.COM
PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by MNTalent.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
MNTalent.com grants you a
personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by MNTalent.com for use in accessing the Service.
16. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. MNTALENT.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MNTALENT.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MNTALENT.COM
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MNTALENT.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF MNTALENT.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY
TO YOU.
19. SPECIAL ADMONITION FOR
SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 16 and
17 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no Content included in
the Service is intended for trading or investing purposes. MNTalent.com shall
not be responsible or liable for the accuracy, usefulness or availability of
any information transmitted via the Service, and shall not be responsible or
liable for any trading or investment decisions made based on such information.
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying
notices or links to notices to you generally on the Service.
21. COPYRIGHTS
MNTalent.com respects the intellectual property rights of others and we ask our
users to do the same.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MNTalent.com and govern
your use of the Service, superceding any prior agreements between you and MNTalent.com
(including, but not limited to, any
prior versions of the TOS). You also may be subject to additional terms and
conditions that may apply when you use affiliate or other MNTalent.com
services, third-party content or third-party software. The TOS and the
relationship between you and MNTalent.com shall be governed by the laws of the
State of California without regard to its conflict of law provisions. You and MNTalent.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the county of Santa Clara, California. The failure of MNTalent.com
to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred. The section titles in the TOS are for
convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS admin@mntalent.com