The use of ThoughtMuse ("Services") is subject to these Terms. The User enters into this agreement on the use of ThoughtMuse ("Services"), a product owned by Climbing Mind Ltd.
The services provided by ThoughtMuse are intended exclusively for persons of legal age. Climbing Mind Ltd reserves the right to update, modify or revise the Terms at any time without notice to you. We suggest you check back here from time to time as the Terms may change.
By agreeing now you are bound by any future modification or revisions for as long as you continue using the Services. Nothing in these Terms confers any rights or benefits to any third party.
1. Climbing Mind Ltd reserves the right to modify the Service with or without notice at any time and without any liability to ThoughtMuse.
2. You must not abuse, harass, threaten, impersonate or intimidate other ThoughtMuse users.
3. You will use the Service in compliance with all applicable laws in your jurisdiction regarding online content and acceptable content.
Violation of any of these Terms will result in termination of your Service Account. Climbing Mind Ltd cannot be held accountable for content posted on its web site and you may be inadvertently exposed to materials you find offensive. While Climbing Mind Ltd prohibits the posting of offensive materials you agree to use the Service at your own risk.
LIABILITY LIMITATIONS EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND CLIMBING MIND LTD, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CLIMBING MIND LTD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL CLIMBING MIND LTD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT THOUGHTMUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, CLIMBING MIND LTD MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
Each user is limited to one (1) free Service account and unlimited number of paid accounts.
You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Users may not sell, trade, resell, or otherwise exploit for any unauthorized commercial purpose or transfer any ThoughtMuse account.
Users may not send, upload, post to blog, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
Climbing Mind Ltd does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Service account. We will not use any of your content for any purpose except to provide you with the Service, and as otherwise provided in these Terms.
Don't upload or make available any Content that infringes upon any other proprietary rights of anyone else. We may, but have no obligation to, remove or refuse to distribute any content on the Service, such as content, which violates these Terms.
The user has the right to publicize or not to publicize their own data. By publicizing their data, the user acknowledges and agrees that anyone using this Web site can and may use the data without restrictions. In addition, the user may in the future allow a specified user to access and collaborate on user-created data. Climbing Mind Ltd is not responsible for any problems arising from users sharing or publishing data.
Any use of ThoughtMuse's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features") must be in compliance with the Terms and in compliance with ThoughtMuse's then current Brand Feature use guidelines.
Mind Maps® is a registered trade-mark of The Buzan Organisation, Ltd. in the UK and the USA. Mindjet® and MindManager® are registered trademarks of Mindjet Corporation, USA. All other trademarks are the property of their respective owners.
Users may not remove any copyright, trademark or other proprietary rights notices contained in or on the ThoughtMuse Service.
Users of the Free ThoughtMuse Service may cancel the service with or without cause at any time. Users of the paid ThoughtMuse Service may terminate without cause the paid Membership at the end of their subscription period. After terminating a paid Membership the ThoughtMuse account automatically reverts to the Free ThoughtMuse Service.
Any individual or business asking a refund on his/her or its purchase will receive a refund from Climbing Mind Ltd - if it is within the 30 (thirty) days refund period. To request a refund, please contact us by email within 30 (thirty) days from your purchase.
Climbing Mind Ltd reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Climbing Mind Ltd requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by Climbing Mind Ltd, Climbing Mind Ltd shall have the right to cease providing the Service to you.
SOME LINKS ON THOUGHTMUSE'S WEBSITE WILL LET YOU LEAVE THOUGHTMUSE'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF THOUGHTMUSE AND CLIMBING MIND LTD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. THOUGHTMUSE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. THOUGHTMUSE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY THOUGHTMUSE OF THE SITE.
Climbing Mind Ltd reserves the right to terminate your account if you fail to login to your account for a period of twelve months.
These Terms of Use will be governed by and construed in accordance with the laws of Norway, without giving effect to its conflict of laws provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Oslo, Norway, and you consent to the jurisdiction of such courts.
If any of the Services requires you to open an account, you will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Climbing Mind Ltd immediately of any unauthorized use of your account or any other breach of security. Climbing Mind Ltd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ThoughtMuse or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
We reserve the right to transfer your personal information in the event of a transfer of ownership of ThoughtMuse, such as acquisition by or merger with another company. In such an event, ThoughtMuse will notify you before information is transferred and becomes subject to a different privacy policy.