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Terms of Use

 Open Minds Entertainment

Last Updated: August 23, 2012

By accessing the Open Minds Entertainment website (hereinafter “the Site,” “we,” “us,” “our,” “Open Minds' Community,” “OME,” “http://www.openmindsentertainment.com/”), you agree to be legally bound by the following terms. We may change these terms at any time without notice to you, so we encourage you to check these terms for updates each time you use the Site.

Our forums are powered by phpBB (hereinafter “phpBB software,” “www.phpbb.com,” “phpBB Group,”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”). The phpBB software only facilitates internet based discussions, the phpBB Group is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

Our Use of Your Information

You grant OME a non-exclusive, royalty free, worldwide license to use any content you post to our website. Said license shall terminate when you delete the content from our site, unless other users have shared your content and have not deleted it. When you publish content or information to public areas of the website, it means that you are allowing everyone, including people off of the Site, to access and use that information, and to associate it with you (i.e., your name and profile picture).

Your Protection

You will not use our Site if you are under the age of 13. You agree to protect your user name and password. You also agree that OME is not responsible for any damages you incur as a result of posting your own personal information on areas of the site that are publicly displayed or viewable by other users.

You are responsible for obtaining all the equipment necessary to use our site, including computers and internet access. We do not guarantee your ability to access our Site from all devices or internet browsers. If a device on which you choose to store log-in information is lost or stolen, it is your responsibility to take the steps necessary to prevent the unauthorized accessing of your account. OME is not responsible for such unauthorized access.

Protection of Others

You will not provide OME with false personal information. You will create only one account for yourself unless given express permission by us to create a replacement account, and you will not create an account for anyone other than yourself without permission. If we terminate your account for any reason, you will not create another account without our express permission. You will keep your contact information accurate and up to date.

You agree to refrain from posting content that contains abusive, obscene, vulgar, defamatory, threatening, sexually explicit, fraudulent, tortious, or hateful language, including offensive speech that singles out a group of people based upon their race, gender, religion, national origin, sexual orientation, gender identity, familial status, or other protected class characteristics. You also agree not to harass, intimidate, or bully anyone on the Site.

You will not use the Site to defraud, spam, upload viruses or other malicious code, solicit user names or passwords from other users or gather such information using bots or other automated means, or access other users’ accounts without permission, or otherwise infringe or violate the rights of others or the law generally. You will not post other people’s identification information or sensitive financial or other information to the Site. You will comply with all laws and regulations and will not participate in, facilitate, or further any illegal activities.

You will not post content that violates the intellectual property or privacy rights of others, including but not limited to copyrights and trademarks. You warrant that all content you post is your own or that you have a right to post it.

You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission. You will refrain from engaging in any activity that is harmful to us or our users, advertisers, affiliates, vendors, or anyone else, including denial of service attacks, and you will notify us immediately if you learn of a security breach or other illegal activity on the Site.

You will not encourage or facilitate any violations of these Terms of Use.

Our Remedies

If you violate any of the Terms of Use as stated herein, we reserve the right to take any technical, legal, or other action necessary to remedy such violations. Such remedies may include removing the offending content, disabling your ability to access certain portions or services of the Site, suspending or terminating your account, bringing legal action against you, reporting copyright infringements to affected parties, notification of your Internet Service Provider, or reporting you to law enforcement for suspected criminal activity. We record the IP addresses of all posts to aid in enforcing these terms. You shall not have any right to have particular content posted to the site. The content we allow to be and remain posted is at our sole discretion. Nothing in these Terms shall prevent us from complying with the law.

Disputes

You agree that any disputes that arise between you and OME shall be resolved only in a state court of competent jurisdiction in Gloucester County, New Jersey or a federal court of competent jurisdiction in Camden County, New Jersey. The laws of the State of New Jersey shall apply to all such disputes regardless of conflicts of laws principles. You agree to submit to the personal jurisdiction of the state courts of Gloucester County, New Jersey and the federal court of Camden County, New Jersey for the purpose of resolving all such disputes.

If anyone brings a claim against us related to your actions, content or information on the Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP THE OPEN MINDS ENTERTAINMENT WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE. OME IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE OME SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OME’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Severability

Wherever possible, each provision of these Terms of Use shall be interpreted in such a way as to be effective and valid under applicable law. If any portion of these Terms of Use is found to be invalid or unenforceable by any court, administrative agency, or other entity charged with interpretation of laws, the remainder of these Terms shall remain valid and in full force and effect. OME’s decision to overlook a breach of any portion of these Terms on one occasion shall not constitute a waiver of that or any other provision, and that or any other provision may be fully enforced by OME at any time.

WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THESE TERMS OF USE WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR WARRANTIES OR EXCLUSIONS OF DAMAGES IS INTENDED BY THE PARTIES TO BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. ALL LIMITATIONS OF LIABILITY, DISCLAIMERS, WARRANTIES, EXCLUSIONS, OR PROVISIONS REGARDING LITIGATION CONTAINED HEREIN SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE OME WEBSITE.

Whole Agreement

These Terms of Use along with our Privacy Policy and any written licenses executed between you and OME constitute the whole agreement between you and OME and replaces any other agreements between you and OME.

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