Acceptance of Terms and Conditions
By accessing the Jumbo Minds, Inc. website, you accept without limitation or qualification and conditions (the “Terms and Conditions”). Jumbo Minds, Inc. may revise these terms and conditions at any time, which revisions shall bind you. If you do not wish to be bound by these terms and conditions, please exit the Jumbo Minds, Inc. website now and refrain from further use.
Protection of Privacy
The names, titles, trademarks, service marks, and logos that appear on the Jumbo Minds, Inc. website are registered and unregistered marks and may not be used without written permission.
All Content is Protected by Copyright Laws
Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Jumbo Minds, Inc. website are protected by copyright laws and may be covered by other restrictions as well. Jumbo Minds, Inc. retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Jumbo Minds, Inc.. Jumbo Minds, Inc. expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.
Fair Use is Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print text, audio, video, image and other files from the Jumbo Minds, Inc. website for such uses are welcome to do so without Jumbo Minds, Inc.’s express permission. Users must cite the author and source of this material as they would material from any printed work; the citation should include the URL “http://www.JumboMinds.com”.
By downloading, printing, or otherwise using text, audio, video, image and other files from the Jumbo Minds, Inc. website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate Jumbo Minds, Inc.’s or any other party’s proprietary rights.
Commercial Use is Restricted
Unauthorized publication or exploitation of Jumbo Minds, Inc.’s files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. All requests to reproduce works of art from Jumbo Minds, Inc.’s collection should be addressed directly to web@JumboMinds.com.
Reservation of Rights
All rights not expressly granted by Jumbo Minds, Inc. herein are specifically and completely reserved. Nothing on the Jumbo Minds, Inc. website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Jumbo Minds, Inc. has authority to grant any right or license on behalf of any third party.
Any communication or material you post, transmit, or distribute to the Jumbo Minds, Inc. website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Jumbo Minds, Inc. or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, and posting. Furthermore, Jumbo Minds, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Jumbo Minds, Inc. website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
Warranty and Indemnification
By using the Jumbo Minds, Inc. website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions, including Fair Use. You agree to indemnify, defend, and hold Jumbo Minds, Inc., its affiliates, trustees, directors, officers, employees, and agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Jumbo Minds, Inc. website.
Disclaimer of Warranties
Jumbo Minds, Inc. PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. Jumbo Minds, Inc. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. Jumbo Minds, Inc. DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. Jumbo Minds, Inc. MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. Jumbo Minds, Inc. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE JUMBO MINDS, INC. WEBSITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.
Limitation of Liability
NEITHER Jumbo Minds, Inc., ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.
Severance and Waiver
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Jumbo Minds, Inc.’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Jumbo Minds, Inc.