Last Update August 2011
Mental Blox may at any time, at its sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that Mental Blox makes to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.
Further, Mental Blox reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that Mental Blox shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of your use of any information found or contained on the Site (the “Materials”).
You agree that you will not upload or transmit any communications or content of any type to Mental Blox or the Site that infringes or violates any rights of any party. To protect third party privacy, you agree that you will not submit any information that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of anyone other than yourself.
By submitting communications or content to Mental Blox, you agree that such submissions are non-confidential for all purposes. If you submit any business information, idea, concept or invention to Mental Blox, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, Mental Blox a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Mental Blox may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Mental Blox without a prior agreement regarding confidentiality.
You agree that you will not upload 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 this Site.
Mental Blox reserves the right to review all information prior to posting on the Site and to remove any information for any reason, at any time, without prior notice, at its sole discretion.
3. RULES OF CONDUCT. You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Site and/or any Materials. In addition, your use of the Site is conditioned on your compliance with the following rules of conduct. You agree not to:
(a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, Materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; (d) engage in spidering, screen scraping, database scraping, harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining information on users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (e) obtain or attempt to obtain unauthorized access to computer systems, Materials or information through any means; (f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Site or the Site’s services or features in violation of Mental Blox’s or any third party’s intellectual property or other proprietary or legal rights; (h) use any known or future unknown technology to harvest, names, auction ids, web site addresses, names or addresses for spam, reverse engineering, data collection, data mining, unsolicited telemarketing or other unwanted nuisance intrusions; (i) use any device, software or scheme that would interfere with the proper functioning of the Site, or any transaction via the Site; (j) place an undue burden or interfere with the lawful transmission of Mental Blox’s content to its users, use any device to limit Mental Blox’s total free access to the web infrastructure; and (k) use the Site or the Site’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.
4. REGISTRATION AND ACCOUNT SECURITY. Mental Blox users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
(a) you will not provide any false personal information on Mental Blox, or create an account for anyone other than yourself without permission; (b)you will not create more than one personal profile; (c) if we disable your account, you will not create another one without our permission; (d) you will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); (e) you will not use Mental Blox if you are under 13; (f) you will not use Mental Blox if you are a convicted sex offender; (g) you will keep your contact information accurate and up-to-date; (h) you will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account; (i) you will not transfer your account to anyone without first getting our written permission; and (j) if you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
All trade names, trademarks and service marks on the Site that are not owned by Mental Blox or its affiliates are the property of their respective owners. The trade names, trademarks, and service marks owned by Mental Blox or its affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not either Mental Blox’s or one of its affiliate’s product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of Mental Blox’s (or its affiliates’) trade names, trademarks, or service marks without the prior express written permission of Mental Blox or its affiliates.
6. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES. The Site may provide links to third-party web sites. Mental Blox also may select certain sites as priority responses to search terms you enter and Mental Blox may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Mental Blox does not recommend and does not endorse the content on any third-party websites. Mental Blox is not responsible for the content of linked third-party sites, sites framed within the Mental Blox Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Mental Blox does not endorse any product, service, or treatment advertised on the Mental Blox Site.
7. MOBILE. We currently provide mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you must update your account information on Mental Blox within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Mental Blox, as well as your name and profile picture.
8. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. MENTAL BLOX, ITS AFFILIATES AND ITS SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MENTAL BLOX, ITS AFFILIATES AND ITS SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MENTAL BLOX, ITS AFFILIATES AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
9. INDEMNITY. You agree to defend, indemnify and hold harmless Mental Blox, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with the Site; (b) any violation of this Agreement by you; (c) any improper or unauthorized use of the Materials by you; or (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
10. JURISDICTIONAL ISSUES. The Site is controlled and operated by Mental Blox from its principal office in Plantation, Florida, U.S.A., and is not intended to subject Mental Blox to the laws or jurisdiction of any state, country, or territory other than that of Florida and of the United States of America. Mental Blox does not represent or warrant that the Site or the Materials, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site or Materials do so on their own initiative and at their own risk, and are responsible for complying with local laws. Mental Blox may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in its sole discretion. You agree not to transport, import, export or re-export all or any part of the Materials to (or to a national or resident of), or to use all or any part of the Materials from (as applicable): (a) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, and you represent, warrant, and covenant to Mental Blox that you are not located in or under the control of any such country or on any such list.
11. GOVERNING LAW AND FORUM. This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, United States of America, without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials between you and Mental Blox or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers, you agree to the exclusive jurisdiction of the federal and state courts located in Broward County in the State of Florida, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12. COPYRIGHT AGENT. Mental Blox respects the intellectual property rights of others, and requires that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Mental Blox, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mental Blox, L.L.C.
Attn: Copyright Agent
131 NW 127th Avenue
Plantation, Florida 33325
13. MISCELLANEOUS. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. 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. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Questions or comments regarding the Site should be submitted via email to CustomerService@MentalBlox.com or via U.S. mail to: Webmaster, Mental Blox LLC, 131 NW 127th Avenue, Plantation, Florida 33325.