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Terms and Conditions Please direct any questions regarding Startuptime’s Terms and Conditions to:
TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS AND CONDITIONS THROUGH USE
Your access to and continued use of the Web site Mentorography, Inc. (the Owner) at www.startuptime.com and including, but not limited to, www.startuptime.com (the Site) constitutes your acceptance of and compliance with the following provisions. If you have not already done so, please take the time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these terms and conditions may change from time to time and it is your responsibility to check for such updates. Your continued use of the Site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes. The last revision date for the Terms and Conditions of Use is set forth below.
Last revised: April 20, 2006
AGREEMENT TO RULES OF USER CONDUCT
You (the User) agree to abide by the Owner’s Rules of User Conduct, including but not limited to agreeing not to use the Site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found here.
CONFORMANCE WITH LAW
You agree that your use of the Site shall not violate any applicable local, national, or international law, including but not limited to any regulation having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
The User of the Site represents and warrants that he or she is a least thirteen (13) years of age and possesses the legal right to use the Site in accordance with Rules of User Conduct on the Site. If you do not meet this requirement, you should immediately discontinue any use of the Site.
The Owner makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the materials on the Site from areas outside the United States where this sites contents or use are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Any products or services mentioned in the Site are made available in accordance with local law and only where they may be lawfully offered for sale. Some products or services mentioned on the Site may only be available in certain areas or jurisdictions. No part of the Site should be taken to constitute an offer or solicitation to buy or sell products or services.
All information submitted to the Owner via the Site (”the Content”) shall be deemed and remain the property of the User. By submitting information to the Site, the User (”Licensor”) grants to the Owner (”Licensee”) a non-exclusive, unlimited, perpetual, worldwide license of any works to distribute them on or through the Site. The Licensor represents and warrants that: 1)the Licensor is the owner of all rights to the work or such rights as are necessary to grant the license; 2)the Licensor has secured all necessary licenses, consents, permissions and releases for use of all components or elements of the work, including all copyrights contained in the work; 3)there are no claims outstanding or threatened that would restrict or interfere with exercise by the Licensee of the above-mentioned rights in the work; 4)the use of the work as permitted under the license does not infringe any right(s) of another party; 5)the Licensor has complied with all legislation, regulations and rules regarding the creation, ownership and licensing of the work; 6)the work is not obscene or otherwise in violation of any law of any jurisdiction. By utilizing the recording capabilities of the Site, the Content is encapsulated in a MP3 master file. Master files created in this way are the property of the Owner and as such the Owner shall be under no obligation whatsoever to provide them to Users. Files uploaded to the Site by the User for inclusion and or distribution on or through the Site become master files and are deemed to be the property of the Owner and as such the Owner shall be under no obligation whatsoever to provide them to Users.
The Site provides newsfeeds which are pointers to Content housed on this Site or other sites. These newsfeeds housed on the Site are provided as notifications to help you locate Content that may be of interest to you or third parties. The Content may contain information or material that some may find offensive. The Content was developed by parties other than the Owner, and the Owner does not assume responsibility for the accuracy or appropriateness of the material found through the newsfeeds. This Content is not under the control of the owner, and you acknowledge that the Owner is not responsible for the copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of such newsfeeds housed on the Site does not imply endorsement of the Content by the Owner or any association with its providers. The mention of another party or its product or services in the Content should not be construed as an endorsement of that party or its product or service. In providing newsfeeds the Owner does not seek to control the Content of, or maintain any type of editorial control over such Content. Other sites where the newsfeeds are located are developed by parties other than the Owner, and the Owner does not assume responsibility for the accuracy or appropriateness of information contained at such sites. These other sites are not under the control of the Owner, and you acknowledge that the Owner is not responsible for the copyright compliance, legality, decency, or any other aspect of the Content of such sites. The inclusion of newsfeeds on other sites does not imply endorsement of the other sites by the Owner or any association with its providers. The mention of another party or its product or services in the other sites should not be construed as an endorsement of that party or its product or service. In providing newsfeeds for use on other sites, the Owner is in no way acting as a publisher or disseminator of the Content on the other sites and does not seek to control the Content of, or maintain any type of editorial control over such sites.
You acknowledge and agree that all information and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Owner, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or information. Systematic retrieval of data or other information from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Owner is prohibited. In addition, use of the information or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited. The Owner will take appropriate legal action to enforce its rights. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of the Owner.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE OWNER AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. furthermore, while the owner, producers and developers of www.mentorography.com have used their best efforts in preparing this website and the posted audio blogs known as mentorographies, they make no representation or warranties with respect to accuracy or completeness of the contents of www.mentorography.com and specifically disclaim any implied warranties or merchantability or fitness for a particular purpose. Neither the owner nor the producer/developer shall be liable for any loss of profit or any other commercial damages, including not limited to special, incidental, consequential or other damages. Additionally, www.mentorography.com is available online, via podcasts and wireless devices with the understanding that the owners and staff associated with Mentorography, Inc. are not engaged in rendering legal or accounting services. If you require legal or accounting advice or other expert services you should seek the services of competent professionals.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE OWNER OR ITS AFFILIATES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OWNER LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by the Owner, you agree to defend, indemnify, and hold harmless the Owner or its affiliates and licensors and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Site. The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Owner in asserting any available defenses.
CHOICE OF LAW AND FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the state of California which is a state located in the United States of America excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of the Site shall be filed only in the state of California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and the Owner with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Owner with respect to the Site. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Owner reserves the right, at its sole discretion, to terminate your access to all or part of the Site without cause and without notice.