NovaMind Connect Terms of Service
You agree, through your use of this web site, that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, adult material, or otherwise in violation of any Australian or International law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material to make the material publicly available. You may not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party, or that you do not have the right to make available under any law or under contractual or fiduciary relationships.
Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden on this web site. You may not upload, post, email, transmit or otherwise make available 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, or the web site itself.
Note that it is impossible for the staff or the owners of this web site to confirm the validity of posts. Please remember that we do not actively monitor the posted documents, profiles, comments or other content and as such, are not responsible for the content contained within. We do not warrant the accuracy, completeness, or usefulness of any information presented. 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.
The posted messages express the views of the author, and not necessarily the views of NovaMind, its staff, its subsidiaries, or anyone else. Anyone who feels that a posted document, comment, profile, messages or any other content is objectionable is encouraged to notify the NovaMind support team. The staff and the owner of this web site reserve the right to remove any content, within a reasonable time frame, if they determine that removal is necessary. This is a manual process, however, please realize that they may not be able to remove or edit particular content immediately. NovaMind reserves the right (but not obligation) to pre-screen, refuse or remove any submitted material at their sole discretion. This policy applies to member profile information as well.
You remain solely responsible for the content of your posted messages. Furthermore, you agree to indemnify and hold harmless the owners of this web site, and any related websites, its staff, and its subsidiaries. The owners of this web site also reserve the right to reveal your identity (or any other related information collected on this service) in the event of a formal complaint or legal action arising from any situation caused by your use of this web site.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify NovaMind of any unauthorized use of your password or account or any other breach of security. You also agree to NEVER use another person's account for any reason. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft. NovaMind cannot and will not be liable for any loss or damage arising from your failure to comply with this.
After you register and login, you will be able to fill out a detailed profile. It is your responsibility to present clean and accurate information. Any information the forum owner or staff determines to be inaccurate or vulgar in nature will be removed, with or without prior notice. Appropriate sanctions may be applicable. The web site owners reserve the right to remove anyone from the NovaMind Connect web site, with or without prior notice, and permanently ban them from the web site if deemed necessary by NovaMind. The NovaMind Connect web site account is provided as an added user bonus, and ownership of a NovaMind license key does not constitute any obligation on the part of NovaMind to provide access to the NovaMind Connect web site. Only one registration is available per licensed NovaMind user. By logging in to the NovaMind Connect web site, setting up your profile, and posting Mind Map documents, you accept and agree that the information you provide in your profile and the documents and comments and other material you post is publicly visible, and available for use by anyone who downloads or uses it.
This service is delivered on an "as is" basis, and NovaMind Software assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, documents or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. There are no "up time" service levels guaranteed by this service. NovaMind reserves the right to impose limits on the use of the Service, such as limitations on size of uploads, total storage space, or other limits that may be necessary. NovaMind 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 NovaMind shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Your correspondence or business dealings with, or participation in promotions of, any 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 NovaMind 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.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because NovaMind has no control over such sites and resources, you acknowledge and agree that NovaMind 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 NovaMind 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.
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.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (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 NovaMind has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NovaMind 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). Any account terminations shall be at the sole discretion of NovaMind and NovaMind shall not be liable to you or any third party for any termination of your account, or access to the Service.
You agree to indemnify and hold NMS Global Pty Ltd (NovaMind Software) and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the terms of service, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Also note that the software places a cookie, a text file containing bits of information, in your browser's cache. This is ONLY used to keep you logged in/out and assist with navigation on the web site. The software does not collect or send any other form of information to your computer.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NMS GLOBAL PTY LTD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 NMS GLOBAL PTY LTD 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.
NovaMind and NovaMind Connect trademarks and service marks and other NovaMind logos and product and service names are trademarks of NMS Global Pty Ltd.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
NovaMind respects the intellectual property of others, and we ask our users to do the same. NovaMind may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe these rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide contact the NovaMind support team with the following information:
Entire Agreement. The TOS constitutes the entire agreement between you and NovaMind and governs your use of the Service, superseding any prior agreements between you and NovaMind with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other NovaMind products or services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and NovaMind shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You and NovaMind agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Brisbane, Queensland, Australia.
Waiver and Severability of Terms. The failure of NovaMind 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.
Please report any violations of the TOS to our Support team.