2. Age of Consent. By registering and accepting this Agreement, Member represents and warrants that he or she is 18 years of age or older.
3. Authority to Participate. By registering and accepting this Agreement, Member represents and warrants that he or she can lawfully bind him or her self to this Agreement in the jurisdiction where Member is located. No Member may participate where any law or regulation having the force of law applicable to Member would prohibit doing so.
4. Copyright. The information, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site (collectively, the "Content") are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
5. Trademarks. Latin Vulgate, Latin Vulgate Forums, and others are either trademarks or registered trademarks of Mental Systems. Other product and company names mentioned on the Site may be trademarks of their respective owners.
6. Limited Right to Use. The viewing, printing or downloading of any Content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
7. Editing, Deleting and Modification. Mental Systems reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site.
8. Grants of Licenses. (a) You irrevocably grant Mental Systems a nonexclusive, royalty-free, world-wide and perpetual license to copy, display, disseminate, publish, translate, modify, reformat, or create derivative works from anything you publish or post on the Web Site ("Your Information") or to combine Your Information with other material. (b) Mental Systems grants you a personal, nonexclusive, nonassignable and nontransferable license to use and display the Content on any machine(s) of which you are the primary user, and to copy or download Content solely for your own non-commercial use. No other hard copy or electronic duplication, transmission, redistribution, or publication of any Content is allowed, and you may not use or include any content in any other print or electronic publication or service. You will not alter or remove any trademark, copyright or other notice from any copies of the Content. Your violation of the foregoing may result in civil and/or criminal liability. You may not sublicense, assign or transfer this license. Requests regarding use of the Service or Content for any purpose other than your personal, non-commercial use should be directed to email@example.com. Questions regarding copyright infringement should be directed to:
Mental Systems, Inc.
Attention: Copyright Agent
P.O. Box 20652
Albuquerque, NM, 87154.
9. Member Conduct. You are solely responsible for Your Information and warrant that you have all legal rights and licenses necessary for you to comply with Section 8(a). We retain the right to edit or delete any part of the content that is published, displayed or distributed on the site. In connection with the Services and Content, you will not: (a) act in an unwanted or offensive manner toward another User; (b) use the Service for political, commercial or advertising purposes; (c) harm or exploit minors in any way, which includes requesting or posting personal or other information; (d) post, submit or otherwise do anything with the Service, Content, or Web Site that is unlawful, harmful, tortious, defamatory, profane, obscene, libelous, hateful or offensive to the average User; (e) act in a racially, ethnically, or otherwise objectionable manner; (f) collect or store personal data of any other User; (g) post or reference pornographic materials (whether in visual, textual, or audio format); (h) discuss, incite or otherwise solicit illegal activity; (i) violate or infringe upon the proprietary or other rights of any individual or third party; or (j) post any private information about another User, which includes names, addresses, phone numbers, e-mails or any other information that reveals the identity of a User.
10. Legal Compliance. Although Mental Systems may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and other communications on this Site, Mental Systems is under no obligation to do so, and assumes no responsibility or liability arising from the content of any such locations, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy of any information contained within such locations on this Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, private, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Mental Systems will fully cooperate with any law enforcement authorities or court order requesting or directing Mental Systems to disclose the identity of anyone posting any such information or materials.
11. Indemnification. You agree to indemnify, defend and hold Mental Systems and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
12. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
13. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MENTAL SYSTEMS, INC. AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, MENTAL SYSTEMS, INC. AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MENTAL SYSTEMS, INC. AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENTAL SYSTEMS, INC. THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. MENTAL SYSTEMS, INC. WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
15. Third-Party Services. Mental Systems allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that Mental Systems does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Mental Systems is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY MENTAL SYSTEM, INC., EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS MENTAL SYSTEMS, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
16. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. Mental Systems is not responsible for information provided by you to Merchants. Mental Systems and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
18. Payments. You represent and warrant that if you are purchasing something from Mental Systems, or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
19. Links to other Web Sites. The Site contains links to other Web sites. Mental Systems is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by Mental Systems Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by Mental Systems. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
20. Copyrights and Copryright Agents. Mental Systems respects the intellectual property of others, and Mental Systems ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is the WebMaster who can be reached by mail as follows:
Mental Systems, Inc.
Attention: Copyright Agent
P.O. Box 20652
Albuquerque, NM, 87154.
21. Information and Press Releases. The Site contains information and press releases about Mental Systems. While this information was believed to be accurate as of the date prepared, Mental Systems disclaims any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Mental Systems
22. Choice of Law. This Agreement is entered into in New Mexico. You agree that New Mexico law (regardless of conflicts of law principles) shall govern this Agreement and that any dispute arising out of or relating to this Agreement shall be subject to the federal and state courts in New Mexico.