Mindcrumb

Welcome to Mindcrumb.com! (the “Site”). The operators of Mindcrumb are referred to as “We”, “Us”, “Our”, or “Mindcrumb”. We provide a website to document users’ thoughts and experience on a particular learning endeavor or life journey that they’re working on. Mindcrumb’s mission is to map everyone’s learning journeys in order to personalize and simplify the learning process. On our website, you can start new learning journeys, share your successes and failures, track your milestones, analyze your progress, learn from experts with compatible background to yours, and immortalize your learning experience by powering up your own journey’s chatbot.

The following Terms of Use apply when you view or use the Mindcrumb.com website. Please review these terms carefully. By accessing or using any part of the Site, you agree to become bound by and are agreeing to the terms and conditions of this agreement. If you do not agree with these Terms of Use, you may not, and should not access or use the Site. If you deep link to any page on the Site, you also are agreeing to be bound by this Agreement.

Mindcrumb respects the privacy of its users. Please refer to Mindcrumb’s Privacy Policy at mindcrumb.com/legal/privacy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use our website, you signify your agreement to our Privacy Policy.

ELIGIBILITY

While we encourage everyone to participate in sharing their journeys on Mindcrumb.com, because of the varied subject matter on the Site, we require all users to be 18 years of age or older. Mindcrumb will not be responsible for any liabilities, losses, or damages arising from unauthorized or unsupervised use. If you are a child under 18 years of age, do not use Mindcrumb.com. If you become aware of any minors using the Services contact us and we will delete their account.

ACCURACY OF REGISTRATION INFORMATION

To the extent that you register or provide your information on the site, you warrant and represent that: 1) your information is accurate and up to date at all times and 2) you have the rights or license to any User Content you post.

AVAILABILITY OF SITE

Mindcrumb represents, and you acknowledge, that the traffic of data through the Internet may cause delays during the download of information from the Site. Accordingly, you agree that you shall not hold Mindcrumb liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Sitemight not be available on a continual twenty-four-hour basis due to occasional delays, or delays caused by Mindcrumb upgrading, modifying, or performing standard maintenance of the Site.

USE AND CONDUCT RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use and Conduct Restrictions. You agree that you will not under any circumstances:

Post any information that is abusive, threatening, obscene, pornographic, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive in the opinion of Mindcrumb management and staff;
Use the Site for any unlawful purpose or the promotion of activities that violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country;
Infringe on anyone’s intellectual property rights, defame, harass or abuse anyone or any group, impersonate anyone, or otherwise violate the rights of a third party;
Interfere or attempt to interfere with the proper functioning of Mindcrumb’s Site, or hack, crack, phish, or otherwise compromise the security or integrity of Mindcrumb’s websites and services, those of its partners, or its users’ computers;
Make any automated use of the system, or take any action that we deem to impose or to potentially impose unreasonable or disproportionately large load on our (or our third-party providers’) servers, system and network infrastructures;
Bypass any robot exclusion headers or other measures we (or our third-party providers) take to restrict access to our Site, or use of any technology, or device to scrape, spider, or crawl our website or harvest or manipulate data;
Publish or link to malicious content intended to damage or disrupt another user’s browser or computer; or
Do anything else which, at the sole discretion of Mindcrumb, could bring Mindcrumb into disrepute, or which violates the rights of any person.

After signing up on the Site, You will not be able to use your Mindcrumb account until you confirm your account and email by clicking on the confirmation link that we email to you. If you don't confirm your account within one week then we reserve the right to delete the account.

Mindcrumb may revoke or change the name or username associated with your account in the event:

It misleads or confuses users;
It infringes on third parties’ intellectual property rights;
It is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable or offensive in the opinion of Mindcrumb management and staff; or
Mindcrumb otherwise deems such revocation or change appropriate.

USER CONTENT

“Journey” refers to a series of “Mindcrumbs Entries”, described below, that taken as a whole document and/or chronicle a user’s life journey or other undertaking. When we refer to “A Mindcrumb Entry” in this section, we arereferringto a journal entry on the Site you make as part of a Journey. A Mindcrumb Entry and any comments posted thereto is composed with various forms of “User Content,” namely any media (including, but not limited to, text, text formatting, images, audio, or video) that is created, originated, edited, modified, uploaded or shared by users (including you) in any way and in any form using the Site, whether or not shared publicly or privately. Mindcrumb offers a “Chatbot” which is a form of artificial intelligence whereby a user can communicate with Mindcrumb’s software to help you understand the progress of your Journey. Each Journey has its own Chatbot with which users may interact, subject to restrictions described below.

Each Journey on this Site is subject to the following limitations and uses:

A Journey may be public or private, as determined by you and described in greater detail in Mindcrumb’s Privacy Policy.
Mindcrumb may, in its sole discretion, disable, hide, or remove any Journeys that it deems to be: spreading false information, violating these Terms of Use, or of low quality.

Mindcrumb endeavors to ensure the credibility of information presented on its Site. To that end, posting Mindcrumb Entries are subject to the following limitations and uses:

A Mindcrumb Entry may not be edited after being published for three days.
Subject to your privacy preferences, if you choose to share your Mindcrumb Entries, you authorize third parties to post their comments regarding your Mindcrumb Entries.
A Mindcrumb Entry may be deleted or hidden after the three-day limit. However, in the event of such deletion or hiding, Mindcrumb will denote such deletion in a manner it deems appropriate.
Comments posted in response to a Mindcrumb Entry may be deleted by the author of a Mindcrumb Entry. However, in the event of such deletion, Mindcrumb will denote such deletion in a manner it deems appropriate.
Subject to your privacy preferences, you authorize Mindcrumb to display your publicly shared Mindcrumbs to users that do not follow your Journey, but who might be interested in your Journey. Please be advised that changes to your preferences may not be immediate.
We may also change the order that we display Mindcrumbs.

You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via our Site. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:

You are solely responsible for the activity that occurs as a result of you posting User Content while using Mindcrumb’s Site;
You will not post information violates the Use and Conduct Restrictions, described above;
You hereby affirm we have the right to: monitor Site activity, determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice, provided however, Mindcrumb does not, and cannot, pre-screen or monitor all User Content;
You agree that Mindcrumb, on its own or through users of the Site, may monitor and flag content, and if enough members of the Site community find it objectionable for any reason, such User Content may be removed without any Mindcrumb liability for such actions;
You understand and agree that any liability, loss or damage that occurs as a result of the use or removal of any User Content that you make available or access through your use of the Site is solely your responsibility; and
Mindcrumb is not responsible for any public display or misuse of your User Content nor is it responsible for any removal of your User Content as a result of any automated or community votes.
Reliance on any information provided by the Site or appearing on the Site is solely at your own risk
You agree that the contents of Mindcrumb, including the Mindcrumb Entries, Journeys, comments, content suggested by Mindcrumb and its content licensors and comments of others are for informational purposes only. The Site not intended to be a substitute for health, financial, exercise, nutritional or other professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and seek professional help immediately if you are in pain or considering suicide. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately.
Mindcrumb does not endorse or recommend any specific investment advice, tests, physicians, trainers, advisors, activities, products, procedures, opinions, or other information mentioned on the Site regardless of whether it is sponsored or suggested by our users.

Mindcrumb may perform analysis on your Journeys, whether public or private, to inform the Chatbot associated with your Journey. However, no users may interact with the Chatbot associated with your Journey unless it is public or you have shared your Journey with a user.

SPONSORED CONTENT

We may serve advertising on the Site or through the Services. The inclusion, advertising or mention of third party products or services on the website does not imply approval or endorsement thereof by Mindcrumb.

LICENSE GRANT

You retain all right, title and interest in your Mindcrumb Entries, comments and other User Content. However, subject to our obligations in the Privacy Policy, by creating and/or sharing any User Content via the Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Mindcrumb a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of your Mindcrumb Entries, comments and all other such User Content as well as your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site.

LINKS TO OTHER SITES AND/OR MATERIALS

On the Site, Mindcrumb may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to the Site’s users. Mindcrumb has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Mindcrumb, and Mindcrumb is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by Mindcrumb. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

(a) Termination of Repeat Infringer Accounts. Mindcrumb respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, Mindcrumb has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat intellectual property rights infringers. Mindcrumb may, in its sole discretion, terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to Mindcrumb’s designated copyright agent at: dmca@mindcrumb.com. In your notification, please include:

The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to ourcopyright agent using the contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

If a counter-notice is received by Mindcrumb’s copyright agent, Mindcrumb may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Mindcrumb’s sole discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. Other products and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

You grant to Mindcrumb a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Site any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of the Site.

With respect to the code and functionality of the Site:

THIS SITE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Site’s e-mail and messaging system, will not constitute legal notice to Mindcrumb or any of its owners, operators, employees, agents, or representatives in any situation where notice to Mindcrumb is required by contract or any law or regulation.

CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users of Mindcrumb’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you (a) consent to receive communications from the Mindcrumb in an electronic form via any email address you may have submitted on our website; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Mindcrumb provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

WARRANTY DISCLAIMER

THE SERVICE AND INFORMATION ON THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NETOMES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MINDCRUMB MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDCRUMB ITS OWNERS, OPERATORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) THE REMOVAL OR RETENTION OF ANY USER GENERATED CONTENT ON OR FROM THE SITE OR (E) ANY OTHER INTERACTIONS WITH MINDCRUMB OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MINDCRUMB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE LESSER OF i) AMOUNT YOU PAID FOR THE SITE AND IN NO EVENT WILL IT EXCEED $10 or ii) $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

You hereby release Mindcrumb, its owners, operators, employees, agents, successors, assigns, and service providers (including payment card networks) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."

MODIFICATION OF TERMS OF USE

We can amend or replace these Terms of Use at any time. We will put up notices on our homepage and/or notify you by email to the extent we have such information, to notify you regarding any materials updates or amendments to the Terms of Use and/or Privacy Policy. For this additional reason, you should keep your contact and profile information current. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Mindcrumb’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of the owner of Mindcrumb or by notice on the Site. No purported waiver or modification of this Agreement by Mindcrumb via telephonic or email communications shall be valid.

INDEMNITY

You agree to indemnify, defend and hold harmless Mindcrumb for any claim arising from your use of the Site, including payment of damages, costs, penalties and reasonable attorney fees.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Mindcrumb to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with Mindcrumb must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. Any claim or dispute between us arising out of the Services will be decided exclusively in the federal and/or state courts for Los Angeles County, California and you hereby agree to waive any objection to such forum.

Mindcrumb may assign or delegate these Terms of Service and/or Mindcrumb’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Mindcrumb’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT MINDCRUMB.COM/LEGAL/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Last revised: March 1, 2018