Terms of Use

mySidewalk, Inc. (“mySidewalk,” “we,” or “us”) has established the MindMixer application/site (“the Site”) to enable you to provide input, feedback and suggestions on the topics described on the homepage and other pages of the Site and contribute to the conversation with other users of the Site, as applicable. Please read these Terms of Use (the “Terms of Use”) carefully because they govern your use of the Site and our services accessible via our Site [and our mobile device application (“App”)]. To make these Terms easier to read, the Site, our services [and App] are collectively called the “Services.”.

Acceptance of Terms

By using our Services in any way, including registering on the Site, contributing your input, feedback or suggestions, or merely browsing the Site, you agree to be and are bound by these Terms. If you do not agree to all of the Terms of Use, do not access or use our Services.

Changes to Terms or Services

mySidewalk may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. If we do so, we’ll let you know either by posting the modified Terms of Use on the Site or through other communications. Your continued access or use of the Services constitutes your acceptance of the changes. Your access to and use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. Please regularly check the “Terms of Use” link at www.mindmixer.com/terms-of-use to view the then-current terms. If you don’t agree to be bound by the modified Terms of Use, then you may not use the Services anymore. If you breach any of the Terms of Use, your authorization to access or use our Services automatically terminates. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Eligibility

You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.

Intellectual Property; Trademark Information

The text, images, graphics, photographs, music, software, audio, videos, webcasts, works of authorship of any kind, data, commentary, documents, communications, downloads, files, publications, content, tools, resources, code, programs, products, and information or other items that are posted, generated, provided or otherwise made available or enabled through the Services (collectively, the “Content”), as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the Content may violate such laws and the Terms of Use. Subject to the ownership rights in any Content that users provide to be made available through the Services, we and our licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. Except as expressly provided in these Terms of Use, mySidewalk does not grant any express or implied rights to you to use the Content. You agree not to copy, republish, frame, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, perform, license, sublicense or reverse engineer any of the Content or the selection and arrangement of the Content, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Services or Content.

 

The trademarks, service marks, logos and domain names (“Marks”) displayed on this Site are the property of mySidewalk or other third parties. You are not permitted to use or register the Marks or any trademark, service mark, logo or domain name that is confusingly similar thereto without the prior written consent of mySidewalk or such third party that may own the Marks.

Use of Site and Services

You shall pay all costs and charges that you incur in order to access or use the Services. You agree to use the Services only to provide input, feedback and suggestions on the home page and other pages of the Site or via the Services. You are solely responsible for the content of any contribution you make to the Site. As some examples of improper activities when accessing or using the Services, you agree that you shall not:

  • Violate the Terms of Use.

  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability.

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about mySidewalk employees, contractors, agents or others.

  • Use, or attempt to gain access to, another's user name, password, or computer systems, whether through hacking, password mining or any other means.

  • Remove, or falsely add to any contribution you make to the Site, any copyright, trademark or other legal or proprietary rights notices, author attributions.

  • Contribute any Content to the Site which you do not own or control, or for which have not received the necessary licenses to, all Intellectual Property Rights therein and rights of privacy and publicity relating thereto.

  • Use the Services in any manner that infringes any Intellectual Property Rights or other rights of any party.

  • Disrupt or interfere with the security of, or otherwise cause harm to, the Services or any Content thereof or systems resources, accounts, user names, passwords, servers or networks connected to or accessible through the Services.

  • Transmit unsolicited or bulk communications to any mySidewalk affiliated e-mail address.

  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses or worms.

  • Create a false identity for the purpose of misleading others.

  • Download any Content posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.

  • Disrupt, interfere with or inhibit any other user from using and enjoying the Services.

  • Access or use the Services in any manner that could damage, disable, overburden or impair any mySidewalk server or the network(s) connected to any mySidewalk server.

  • Violate any applicable laws or regulations related to the access to or use of the Services.

  • Contribute any topic, name, material or information to the Services that is pornographic, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.

  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.

  • Contribute to the Services any chain letters, contests, junk e-mail, giveaways, sweepstakes, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).

  • Violate the rights of mySidewalk or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

  • Use any mySidewalk domain name as a pseudonymous return email address.

  • Pretend to be someone you are not, register more than once, contribute to the same topic multiple times without disclosing as such, or contribute in bad faith.

  • Market any goods or services for any business purpose via the Services (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by mySidewalk.

  • Contribute input, feedback or suggestions provided to you by someone else, in consideration for payment of cash or other consideration.

Usage, Registration, and Monitoring

While mySidewalk has no obligation to monitor the Services and is not responsible for any Content that you contribute, including, but not limited to, messages, information or files, mySidewalk reserves the right to monitor or review the Services at any time. mySidewalk may, at any time without notice and in its sole discretion, inactivate, make unavailable and take other appropriate action with respect to Content you post which mySidewalk, in its sole discretion, deems objectionable or otherwise in violation of the Terms of Use. Such action may include denying access to the Services at any time. Furthermore, mySidewalk may, with or without notice and in its sole discretion, terminate your access to or use of the Services as mySidewalk deems necessary to comply with applicable law, regulation, legal process or governmental request. All persons are hereby notified that use of the Services constitutes consent to such actions. mySidewalk does not endorse and has no control over Content that users submit via the Services. We cannot guarantee the authenticity of any data which users may provide about themselves or related to their idea or submissions. You acknowledge your use of the Services is at your own discretion and you will be solely liable and responsible for any damage or loss to any party resulting therefrom.

 

If you want to use certain features of the Services you’ll have to register with us. You can do this via the Site or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we’ll register you by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

 

During the registration process, you will be required to provide us with your name and email address. We will follow up by sending you an email to verify that you are the owner of the email address. We will use your email address to identify you in our system. If you do not provide the mandatory data required at registration, you will not be able to use the Services. You can choose to provide us with additional optional personal information in your profile. All required information that you provide during the registration process must be current, complete and accurate and kept up to date on a prompt, timely basis. You must also choose a user name and password in connection with such registration. We reserve the right to inactivate or reclaim your user name if and when we believe necessary and/or appropriate. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your user name or password or any other breach of security, you shall notify mySidewalk immediately. By accessing or using the Services and setting up a password-restricted profile for the same, you consent to mySidewalk’s display of such information and accept all risks of unauthorized access to such information. With regard to the registration process, you agree to the following:

  • You will not provide any false personal information to the Services, or create an account for anyone other than yourself.

  • You will not use your personal profile for your own commercial gain (such as selling your idea submission ability to an advertiser).

  • You will keep your contact information accurate and up-to-date. This is the only means by which you can be contacted directly by us.

  • You will not share your password, let anyone else access your profile, or do anything else that might jeopardize the security of your profile.

  • You will not transfer your profile to anyone.

  • You shall not (a) select or use as a user name or any name of another person with the intent of impersonating that person, (b) use as a user name any name subject to any rights of a person other than you without appropriate authorization, or (c) use as a user name any name that is offensive, vulgar or obscene.

Use of Site by Governmental Entities

mySidewalk intends to comply with all local, state and federal laws related to the required disclosure of any information provided via the Services. Under some instances the an entity sponsoring a specific Content or project (“Sponsor”) through our Services will be a governmental entity. In such instances, the governmental Sponsor may or may not use the information that you provide to the Services for the purposes associated with the Services. It should be noted that such information may or may not be considered public information or public records under applicable state and federal laws. To the extent that anything you contribute to the Services, including your personal information, is considered a public record or as otherwise belonging to a governmental entity and, therefore, subject to certain local, state or federal disclosure laws, such applicable laws will govern the use and required disclosure of such information.

mySidewalk's Right to Submitted Content

For all Content that you post or otherwise submit or make available to the Services, you grant mySidewalk, [the Sponsor and ]the users of the Services an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute your submitted Content, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that [neither ]mySidewalk [nor the Sponsor ]shall be liable for any failure to store such Content on the Site at any time. You represent and warrant that you own all right, title and interest in and to the Content that you post to the Services, or that you own or control, or have received the necessary licenses or other rights to, contribute such Content to the Services. You are solely and entirely responsible for all of your Content contributions to the Services. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of Content contributions from others. mySidewalk does not guarantee the accuracy, integrity or quality of the Content you contribute or the Content anyone else contributes. You acknowledge and agree that by accessing or using the Services, you may be exposed to Content from others that you find objectionable. You acknowledge and agree that [neither ]mySidewalk [nor the Sponsor ]shall be liable for any actions or inactions resulting from or related to any contribution made to the Services.

Restriction and Termination of Use

mySidewalk may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in mySidewalk’s sole discretion, without prior notice or liability to you. Except as indicated to the contrary elsewhere in the Services, you may view, download and print the Content submitted by users of the Services available via the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes, subject to the following conditions:

  • You will not quote or display such Content, or any portions thereof, out of context or misrepresent such Content.

  • mySidewalk reserves the right to revoke the authorization to view, download and print any or all of such Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from mySidewalk.

Links to Third Party Sites

The Site may include links that will take you to other sites outside of the Site ("Linked Sites"). The Services may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by mySidewalk to you as a convenience and the inclusion of the links does not imply any endorsement by mySidewalk of any Linked Site. Unless otherwise provided, mySidewalk has no control of the Linked Sites and you therefore acknowledge and agree that [neither ]mySidewalk [nor the Sponsor ]is responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that [neither ]mySidewalk [nor the Sponsor ]is responsible for any form of transmission (e.g. webcasting) received from any Linked Site. Furthermore, you may be able to access the Site from certain third party websites that are not affiliated with or related to the Services (i.e., Facebook, LinkedIn, etc.). [Neither] mySidewalk [nor the Sponsor ]is responsible for any information that you submit or actions that you take on these third party sites, and each disclaims all liability from any claims, damages or causes of action that may arise out of or relate to your use of such sites.

Warranties and Disclaimers

THE SERVICES ARE PROVIDED BY MYSIDEWALK "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, mySidewalk[, ON BEHALF OF ITSELF AND THE SPONSOR,] MAKES NO WARRANTY THAT (i) THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iii) THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. mySidewalk MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE CONTENT AND SERVICES MAY BE OUT OF DATE, AND mySidewalk MAKES NO COMMITMENT TO UPDATE THEM. YOU ACKNOWLEDGE AND AGREE THAT: (i) [NEITHER ]mySidewalk [NOR THE SPONSOR CONTROLS,] ENDORSES, OR ACCEPTS RESPONSIBILITY FOR ANY MATERIALS OR SERVICES PROVIDED OR OFFERED BY THIRD PARTIES OR THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) mySidewalk [AND THE SPONSOR ]MAKE[S] NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) [NEITHER ]mySidewalk [NOR THE SPONSOR ]SHALL BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES. mySidewalk[, ON BEHALF OF ITSELF AND THE SPONSOR,] SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, [NEITHER ]mySidewalk [NOR THE SPONSOR ]WILL HAVE ANY LIABILITY RELATED TO CONTENT SUBMITTED BY USERS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, RIGHTS OF PUBLICITY, OBSCENITY OR OTHER LAWS. mySidewalk [, ON BEHALF OF ITSELF AND THE SPONSOR,] ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY SUBMITTED CONTENT. THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Privacy Policy

Please refer to our Privacy Policy www.mindmixer.com/privacy-policy for information on how we collect, use and disclose information from our users.

DMCA / Copyright Policy

We respect copyright law and expect its users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy for further information.

Limitation of Liability

IN NO EVENT SHALL MYSIDEWALK ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, OR AGENTS [OR THE SPONSOR ]BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF mySidewalk [OR THE SPONSOR] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SERVICES; (iii) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (iv) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SUBMITTED CONTENT OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SERVICES; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and Liability

You agree to indemnify and hold [the Sponsor, ]mySidewalk and its affiliates and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) Content and any other content (e.g. computer viruses) that you may submit, post to or transmit through the Services (including a third party’s use of such Content (e.g. reliance on the accuracy, completeness or usefulness of such Content)); (ii) your access to or use of the Services; (iii) your connection to the Services; (iv) your violation of the Terms of Use; (v) your infringement of any third party’s Intellectual Property Rights when using or accessing the Services; (vi) your violation of any rights of any third party; or (vii) your access to or use of Linked Sites and your connections thereto.

Governing Law and Jurisdiction

The Services (excluding Linked Sites) are controlled by mySidewalk from the State of Missouri. By accessing the Services, you agree that all matters relating to your access to, or use of, the Services shall be governed by the statutes and laws of the State of Missouri, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Missouri with respect to such matters.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site constitute the entire agreement between mySidewalk and you with respect to your access to or use of the Services, superseding any prior agreements between you and mySidewalk on such subject matter (including any prior versions of the Terms of Use). You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without mySidewalk’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by mySidewalk to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Contact Information

If you have any questions about these Terms of Use or the Services, please contact us at:

  • info@mysidewalk.com
  • 304 W 8th St.
  • Kansas City, MO 64105

**Effective March 10, 2017**