This Terms of Service Agreement (the “Agreement“) is between you (“you“) and MMAP Magazine (together with our affiliates, service providers, and partners, “MMAP Magazine,” “we,” and/or “us”) and governs your use of the mmapmagazine.com web site and successor web site(s) (the “Site“), including the materials and information posted on it, and the functionality that permits you to make donations, solicit donations, create registries, establish fundraisers, solicit donations for a project, or to use any other functionality offered through the website.
By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with MMAP Magazine governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.
You acknowledge and agree that MMAP Magazine retains control over the donated funds. In the event that (i) a project is retired or fully funded or (ii) MMAP Magazine receives a digital funds or check payable to MMAP Magazine without reference to a specific project or campaign, the donated funds will be allocated to MMAP Magazine’s General Fund.
You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from MMAP Magazine shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Amendment. MMAP Magazine reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.
- Modification, Suspension, and/or Cancellation. MMAP Magazine reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that MMAP Magazine shall not be liable to you or to any third party for any such actions.
- User Credentials. When you create an account or profile, submit an expression of interest, list a project, create a fundraiser or registry, or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your “User ID”).
You acknowledge and agree that:
- You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
- You represent that you have all rights in the information necessary to provide it to MMAP Magazine;
- User ID is for your personal use only and may not be transferred to any third party;
- You are exclusively responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID, with or without your knowledge;
- You are required to completely log out of the Site at the end of each session and to notify MMAP Magazine promptly if you learn of any unauthorized use of your User ID;
- If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;
- MMAP Magazine will not be liable for any loss or damage arising from your failure to comply with this section; and
- Any information submitted under your User ID is subject to the “Personal Information” terms as specified in Section 4.
and Forum Content.
MMAP Magazine may permit you and other users to post information on
the Site, including on personal “profile pages,” (each, a
“Profile”) and on designated areas of the Site including,
for example, bulletin boards, message boards, chat rooms, forums, or
in the course of participating in the collaborative creation of Site
and/or Services content (each, a “Forum”). MMAP Magazine
does not control or endorse, and is not responsible for user content
of any kind posted by Site users (including MMAP Magazine employees
who maintain Profiles or participate in Forums). In addition, MMAP
Magazine cannot control use or misuse by others of information you
post in your Profile or in a Forum. Section 10 describes the
provisions of this Agreement regarding MMAP Magazine’s monitoring of
Accordingly, you acknowledge and agree that under no circumstances will MMAP Magazine be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any Site user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the Site.
of Conduct. Your
use of the Site is expressly conditioned on your responsible and
lawful participation in the Site community. Accordingly, and without
limiting the foregoing:
You acknowledge and agree that:
- Your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.
- Any information you provide in connection with your use of the Site must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by MMAP Magazine in its sole discretion;
- Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
- Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
- Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm MMAP Magazine or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others;
- Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;
- Any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
- Engage in fraudulent or unlawful activities of any kind;
- Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
- Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that MMAP Magazine or any Site user endorses any statement you make;
- Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;
- Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum;
- Restrict or inhibit any other person from using the Site.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with MMAP Magazine, any element of the Site, including any information or materials made available on or through the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the Site;
- Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;
- Frame or mirror any element of the Site;
- Systematically download Site content to create a separate database;
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation;
- Advertise, promote, market, or offer to sell or buy any goods or services on or through the Site;
- Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.
of License to MMAP
will retain ownership rights in content you post in your Profile and
in other places on the Site (each, a “Submission”). Except
as provided herein, MMAP Magazine will not re-publish your
Submissions outside the Site without your written consent. By
posting a Submission, however, you grant MMAP Magazine a perpetual,
irrevocable, non-exclusive, transferable, royalty-free license to
use, display, reproduce, distribute, modify, adapt, or sublicense
such Submissions to operate the Site and to make it available to
users as contemplated hereunder.
For each Submission, you represent and warrant that:
- You have all rights necessary to post such Submissions, to grant the licenses granted hereunder, and to permit MMAP Magazine to grant the necessary licenses to other Site users in accordance with your privacy preferences; and
- Your posting of any Submission and your grant of rights in connection with any such Submission, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.
- License. Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), MMAP Magazine hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. MMAP Magazine and its licensors reserve all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).
- Monitoring. You acknowledge and agree that MMAP Magazine may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in MMAP Magazine’ sole discretion: to operate the Site; protect the rights and properties of MMAP Magazine and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that MMAP Magazine is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, MMAP Magazine may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the Site. However, MMAP Magazine cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, MMAP Magazine shall not assume any liability for user content or third party conduct, communication or information on the Site.
and Online Listings. From
time to time MMAP Magazine may post and/or may permit you, other
Site users or third parties to post on the Site (a) links to third
party sites (“Links”) or (b) listings regarding the
availability of relevant products or services (“Listings”).
Such Links and Listings are provided subject to Section 14 below,
and WITHOUT WARRANTIES OF ANY KIND, FOR USE AT YOUR OWN RISK. You
acknowledge and agree that MMAP Magazine does not control or endorse
any information, products, or services made available via Links or
Listings, and is not responsible for the accuracy, reliability,
quality, or legality of any such information, products, or services.
It is your responsibility to evaluate the information, opinions,
advice or other content available through the Links or Listings,
whether posted or provided by third parties or by MMAP Magazine.
MMAP Magazine may remove any Links or Listings at any time for any
reason or for no reason.
[MMAP MAGAZINE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT MMAP MAGAZINE CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE MMAP MAGAZINE (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.]
Site and other information or materials made available through or
used in connection with providing the Site are and shall remain the
property of MMAP Magazine and its licensors (including Site users)
and suppliers, and are protected by copyright, trademark, patent,
and/or other proprietary rights and laws; provided that you will
retain ownership in your Submissions in accordance with Section 8.
Except as expressly provided herein or permitted or otherwise
authorized in advance by MMAP Magazine in writing, you agree not to
reproduce, modify, rent, lease, loan, sell, distribute, or create
derivative works based (whether in whole or in part) on any element
of the Site, including without limitation the Site itself or any
Site content, or other materials made available through the
Trade names, trademarks and service marks of MMAP Magazine or its licensors include without limitation, MMAP Magazine, MMAP Master of Mind Alliance, MMAP Mind Mastering Activation Program, and any associated logos. All trademarks and service marks on the Site not owned by MMAP Magazine are the property of their respective owners. The trade names, trademarks and service marks owned by MMAP Magazine, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of MMAP Magazine trade names, trademarks or service marks without our express prior written consent.
of Liability and Disclaimer of Warranties. EXCEPT
AS EXPLICITLY SET FORTH IN THE MMAP
MAGAZINE GURANTEE, THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR
OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH
THE SITE ARE PROVIDED TO YOU “AS
WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL
RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT
LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS
OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE
SITE OR ON OR THROUGH ANY LINK OR LISTING. MMAP MAGAZINE DISCLAIMS
ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS,
REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED,
AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS
PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR
THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND TITLE.
MMAP MAGAZINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF MMAP MAGAZINE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.
- Indemnity. You agree to defend, indemnify and hold harmless MMAP Magazine and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the Site; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Site.
- Termination. This Agreement is effective until terminated. MMAP Magazine, in its sole discretion, may terminate your access to or use of the Site and/or Services, at any time and for any reason or no reason, including if MMAP Magazine believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that MMAP Magazine may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that MMAP Magazine shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall MMAP Magazine have any obligation to make information or files associated with the Site available to you after any such termination.
Law and Jurisdiction. This
Agreement is governed by and shall be construed in accordance with
the laws of the District of Columbia, without regards to its
principles of conflicts of law. You agree to exclusive jurisdiction
by the federal and state courts located in the District of Columbia,
and waive any jurisdictional, venue or inconvenient forum objections
to such courts. Notwithstanding this, you agree that MMAP Magazine
may apply for injunctive remedies (or an equivalent type of urgent
legal relief) in any jurisdiction.
The Site is hosted and operated in, and made available from the United States. MMAP Magazine does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
- Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send MMAP Magazine a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send MMAP Magazine a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Site and/or Services Site Administrator, MMAP Magazine, P.O. Box 3359 Henderson, NC. 27536 ; Phone: (919) 744-0442.
- Contact Us. If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
- Business Transfers. MMAP Magazine may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
- Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and MMAP Magazine. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and MMAP Magazine relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and MMAP Magazine relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. MMAP Magazine will not be responsible for failures to fulfill any obligations due to causes beyond its control.