1. Overview
The Marketing Ops Journal Service (“Service”) is offered by MindBrew, LLC (“Company”) to provide individuals with access to a collection of resources related to marketing in B2B environments. The service includes the web site at www.marketingopsjournal.com (“Site”) and incorporates any related website controlled by Company. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service. Access to the Site and Service expressly requires your (You or Your) compliance with this Terms Of Use, the MindBrew Privacy Policy and any applicable laws.
By using this site and/or creating an account, you agree to these Terms as a legally binding contract between you and MindBrew.
You may access the Site or Service as a user (“User”) with or without a free account. While access to certain components of the Site and selected features of the Service is free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.
The Site and Service is available only to Users who are 13 years of age or older. Users who are Subscribers must be at least 18 years old.
MindBrew reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms for any other reason and without notice.
2. Subscription
Your Subscription account is individual and non-transferable. You must not share your username and password with anyone else or allow anyone else–including other individuals at your company–to access the Service using your username and password. Multi-user subscriptions will receive a unique username and password for each individual subscriber that is part of the multi-user subscription.
You are responsible for every use of the Site that occurs in conjunction with use of your username and password. You must use reasonable efforts to keep your username and password confidential. You must notify us as soon as you become aware of any unauthorized use of your account.
Subscriptions are based on periodic fees which are outlined on the “Become a Subscriber” page. Your subscription, or access to Content and areas of the Site, will be suspended or cancelled if we do not receive the fees for your specific subscription.
Subscription fees are non-refundable, but you can request a cancellation at any time. Cancellation requests must be made 10 days prior to the recurring billing date to be cancelled before the next billing cycle. Trial cancellation requests must be made within the 14-day trial period.
3. Availability and Use of the Site
The Site and Service will usually be available 24 hours a day, seven days a week. We may, however, need to interrupt or suspend your access to the Site or the provision of the Site’s services and Content, for maintenance, technical or other reasons.
When accessing and using the Site and its services and Content, you must comply with directions, instructions or protocols posted on the Site.
We strive to provide a broad range of Content on the Site, which we aim to regularly add to. The Content will be updated, changed or removed from time to time, at our discretion. We can’t guarantee that specific Content will always be available on the Site.
4. Rights to Content
Unless otherwise noted, each item of Content is the copyright of and owned by MindBrew, LLC. We also own all other rights in the Site including its features and design.
Your membership gives you a right (a revocable, non-exclusive license) to use the Content for personal and job-related purposes. You must not provide or redistribute Content to others. If you wish to share content with colleagues, please secure a multi-user subscription or ask them to become subscribers as well.
The trademarks and logos displayed on the Site are, unless otherwise stated, those of MindBrew, LLC. They may not be used without permission.
5. Submitted Content
Any information or material that you submit or send to MindBrew or otherwise make available on or through this Site (“Your Material”) will be deemed not to be confidential or secret. By submitting or otherwise making Your Material available on the Site, you agree and acknowledge that Your Material will not be treated as confidential or proprietary. You also represent and warrant that your material:
- Is original to you and that no other party has any rights to the material.
- Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful
- Does not contain a virus or other harmful component
- Does not contain, unless the specific Service allows, any advertising of any kind
- Does not contain any or false or misleading indications of origin or statements of fact
6. Content License On Submitted Content
By submitting, posting or displaying the content, you give MindBrew a perpetual, irrevocable, unrestricted, worldwide, royalty-free, fully sub-licensable and transferable, and non-exclusive right and license to reproduce, adapt, edit, modify, translate, publish, publicly perform, translate, create derivative works from, publicly display and distribute (in whole or in part) any Content which you submit, post or display on or through, the Services. This license is for the purpose of enabling MindBrew to provide, display, distribute and promote the Services. You also warrant that any “moral rights” in Your Material have been waived.
Except where specifically restricted in writing and signed by MindBrew, you agree that this license includes a right for MindBrew to make such Content available to other companies, organizations or individuals with whom MindBrew has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that MindBrew, in providing the Services to our users, may transmit or distribute your Content over various public or private networks and in various media; and make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit MindBrew to take these actions.
You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used by us in any manner.
You confirm and warrant to MindBrew that you have all the rights, power, authority and capacity necessary to grant the above license.
MindBrew retains the right to take down any content, submitted or otherwise, for any reason at all. We may give notice beforehand or provide a reason but we’re not obliged to do so.
7. Fair Use & Prohibited Conduct
You are permitted to download Content to your computer as part of your membership. But your membership is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the Site and the Content must be fair, genuine and reasonable. For example, the total amount of Content you download must be reasonable in light of your genuine education and learning needs, and the time needed to genuinely engage with the Content. We will use our reasonable discretion to decide whether a subscriber has complied with the ‘fair use’ policy.
You must not use scripts to automatically mass download Content.
You also must not:
- use a false email address, impersonate others, or misrepresent your affiliation with others; insert advertising, branding or other promotional content into the Site or Content; attempt to gain unauthorised access to computer systems or materials through the Site; engage in automatic gathering of information from or through the Site (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
- attempt to interrupt or alter the Site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine );
- use the Site or the Content in a way that violates applicable law, that violates third party intellectual property or other rights, or that is, fraudulent, obscene, offensive, or defamatory; or
- copy, distribute, transmit, modify or otherwise exploit the Content or any other data made available through the Site.
8. Intellectual property complaints
We respect the intellectual property rights of others, and require that you do the same.
Please contact us if you believe that your intellectual property or other rights are being affected by anything on the Site.
If you are specifically making a copyright-based claim regarding Content, please provide the following information to us:
- your address, telephone number, and email address;
- a description of the location of the alleged infringing material;
- a description of the copyright work that has been allegedly infringed; and
- a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf.
9. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that you upload, publish or display on the Site or in connection with the Service, whether publicly posted or privately transmitted to the Company or its agents shall be referred to herein as “User Generated Content”.
- You assume legal responsibility for all User Generated Content.
- You agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Site or Service.
- You agree not to post, transmit, or share User Generated Content on the Site or Service that you do not have permission to post, transmit or share.
10. Privacy
Our information collection and use of any personal information about you is set out in our Privacy Policy.
Personal information that you disclose may be used by MindBrew, its agents and contractors in relation to your membership and the Site, including marketing activities for the Site. We may disclose any personal information as necessary to satisfy any law, regulation or government request.
10. Refusal, suspension or termination
We may, at our discretion, immediately restrict, suspend or terminate your account, subscription and/or access to the Services and Site if we consider you in breach of these Terms, any other Site rules, or applicable law.
We reserve the right to refuse subscriptions at our discretion.
11. Forum and Jurisdiction
This Agreement is governed by the laws of the State of Idaho, U.S.A., without regard to its conflict of law provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in Idaho; to which jurisdiction and venue you and MindBrew, LLC each irrevocably consent.
12. Liability and disclaimer
We do not promise that the Content or your access to the Site will be uninterrupted or error-free, that any defects will be corrected, or that the Site or Content are free of viruses or any other harmful components; and we make no promises regarding your access to, or the results of your access to, the Site or Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
Except as provided in an applicable Non-excludable Law, we and our affiliates are not liable to you or any third-party for indirect, incidental, special or consequential damages, loss of revenue or loss of profits which result from any use of or access to, or any inability to use or access, the Site.
