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Terms of Service
Please read this Terms of our Service very carefully, as breach of any part of it may result in legal dialogue.
This agreement applies as between you, the user of this website and ProductiveMinds, the owner of this website. Your agreement to comply with and be bound by these Terms of Service is deemed to occur upon your first "use of this website". The "use of this site" includes viewing, accessing, browsing, downloading, logo embedding or any other features/services/systems available to you through any part of the services provided by ProductiveMinds, information provided as part of the service, including emails, notifications, reminders (see definitions below). If you do not agree to be bound by these Terms of Service, you should stop using the website immediately. 1. Definitions and Interpretation
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms of Service, all Content included on the website, unless uploaded by users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Productive Minds, or it's affiliates. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the website for personal only unless otherwise indicated on the website or unless given express written permission to do so by Productive Minds. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
2.2.1 you will not use the Content of the website for commercial purposes; and
2.2.2 you will not systematically copy Content from the website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Productive Minds.
2.3 Contents published in users' Blogs are full responsibility of the user who published it. Productive Minds will not be responsible for the content of users' Blog. Therefore, appropriate permission should be sought with the blog publisher before usage.
2.4 When you (User) publishes anything on the website, Productive Minds is entitled to use this in any manner that will support the continous existing of the website business. This includes ability to tranfer such contents to another server/system/domain name (in the event that Productive Minds is changing it's domain name).
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Communications and Content Submissions
4.1 When using the BLOG, CHAT and / or any other Application/System and when submitting Content to this WebSite you should do so in accordance with the following rules:
4.1.1 you must not use obscene or vulgar language;
4.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
4.1.3 you must not submit Content that is intended to promote or incite violence;
4.1.4 it is advised that if you need to contact us for any reason, please so so in English Language as this is our default language, as we may be unable to respond to enquiries submitted in any other languages;
4.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
4.1.6 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
4.1.7 you must not impersonate other people, particularly employees and representatives of Productive Minds or our affiliates;
4.1.8 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
4.1.9 you must not use our System for unauthorised mass-communication such as "spam" or "junk mail".
4.2 You acknowledge that Productive Minds reserves the right to monitor any and all communications made to us or using our System.
4.3 In order to use the <
4.3.1 any information you submit is accurate and truthful; and
4.3.2 you will keep this information accurate and up-to-date.
4.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant Productive Minds a licence to modify the Content as necessary for its inclusion on the website. Productive Minds accepts no responsibility or liability for any infringement of third party rights by such Content.
4.5 Unless a User informs Productive Minds otherwise, in advance of posting, in writing, and Productive Minds agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Productive Minds may deem appropriate under a royalty-free, perpetual basis.
4.6 Productive Minds will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
4.7 Content submitted by Users is not screened by Productive Minds prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to info@productiveminds.com. This does not constitute an undertaking to explain our actions.
5. Links to other websites
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Productive Minds or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this websites
Those wishing to place a link to this website on other sites may do so only to the home page of the site www.productiveminds.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Productive Minds. To find out more please contact us
7. Termination and Suspension
In the event that any of the provisions of Sub-Clause 4.1, above, are not followed, Productive Minds reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
9. Disclaimers
9.1 Productive Minds makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
9.3 The information on this website is not designed with commercial purposes in mind. Commercial use of the Content of this website is forbidden under Clause 2.2.1 of these Terms of Service. Any such use constitutes a breach of these Terms of Service and Productive Minds makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
9.4 Whilst every effort has been made to ensure that all descriptions of services available from Productive Minds correspond to the actual services available, Productive Minds is not responsible for any variations from these descriptions.
10. Availability of the website
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Productive Minds accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Productive Minds accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts Productive Minds liability for death or personal injury resulting from any negligence or fraud on the part of Productive Minds.
11.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Notices
All notices / communications shall be given to us by email to info@productiveminds.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
14. Law and Jurisdiction
These terms and conditions and the relationship between you and Productive Minds shall be governed by and construed in accordance with the Law of England and Wales. Productive Minds and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
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