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Terms of Use
 
MASTERMIND MAKER®
TERMS OF USE OF THE MASTERMIND MAKER WEBSITE
The following terms apply to visitors to this website. By entering or using this website you agree that you have read and accepted these terms, 1 to 5. Plus the Do’s and Don’t listing below.

1. The MASTERMIND MAKER website This is the Mastermind Maker website, owned and maintained by ISK Ltd ("Mastermind Maker"), registered office ISK Limited, 2a Exeter Mansions, Exeter Road, London, NW2 3UG (Company Registration: 4168169  VAT: 777 8034 87). Registered in England and Wales. Contact Mastermind Maker by post, or email to webmaster@MastermindMaker.com.

2. COPYRIGHT AND TRADEMARK NOTICES
2.1 All contents of the Mastermind Maker website are Copyright © and are the property of Mastermind Maker and/or its suppliers or members.
2.2 The intellectual property in all designs, text, graphics and other material and the layout, appearance or arrangement of all such material in this website is owned by Mastermind Maker or licensors to Mastermind Maker.
2.2 Mastermind Maker, The Mastermind Maker, Mastermind Maker, MastermindMaker,  Mastermind Maker Logo Mastermind Maker Photos and/or other Mastermind Maker products and services referred to in the Mastermind Maker website are trademarks and / or registered trademarks of Mastermind Maker in the United Kingdom and/or other countries. The names of actual companies and products mentioned will be the trademarks of their respective owners. Any rights not expressly granted are reserved.

3. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be sent to webmaster@MastermindMaker.com.

4. TERMS OF USE
4.1 Correct and continuous operation of this website at all times is not guaranteed by Mastermind Maker.
4.2 Mastermind Maker excludes all liability for any loss suffered as a result of your visit to this website to the fullest extent permitted by law save for (in every case) liability for death or personal injury of any person caused by the negligence of Mastermind Maker, its servants or agents. Your use of information or data in any form provided by this website or through this website will be used entirely at the user's risk.
4.3 Use of, copying of, reproduction of, or extraction of personal data from any materials on this website (including reproduction for a purpose other than those stated) together with any modification, distribution or republication of any such materials without prior written permission from Mastermind Maker is prohibited.
4.4 None of the services or facilities of Mastermind Maker are offered to you unless you become a member of Mastermind Maker and agree to the Terms of Membership.
4.5 No representations or warranties of any kind are given nor are they to be implied in respect of this website or its contents, whether such contents include any opinions or commentary, other than those implied by operation of the law of England & Wales.
4.6 The Mastermind Maker website will from time to time include links to other websites and services provided by third parties. Links from the website are at the users risk and Mastermind Maker does not make or give any warranties or representations regarding any such websites or services and are not responsible for or liable in relation to the contents or use of such websites or services.

5. MODIFICATION OF THESE TERMS
Mastermind Maker reserves the right to change the terms, conditions and notices under which this website is offered without notice.
 TERMS OF MEMBERSHIP OF MASTERMIND MAKER
(including Terms of Purchase of Goods or Services)
Membership of Mastermind Maker is offered to you conditional on your acceptance of these Terms of Membership. By completing the joining process to become a member of Mastermind Maker you will have signified your acceptance of these Terms of Membership.

1. INTRODUCTORY
1.1 Mastermind Maker is a member only website. Visitors who do not become members are welcome to visit the Mastermind Maker website (which shall be taken to include any other website or website pages offered by Mastermind Maker and referred to hereafter as "the website") but they will not be able to enjoy the benefits of membership. All visitors to the website are asked to abide by the "Terms of Use" which can be found on above.
You will also be consenting to receiving occasional information and news from Mastermind Maker by email about Mastermind Maker news, events, content and Mastermind Maker partners.
 1.2 Membership is free  1.3 'Content' of the website shall be taken to mean all that material appearing on the website including information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software. Mastermind Maker does not routinely edit or carry out moderation of the Content of the website but may do so from time to time.
1.4 From time to time Mastermind Maker may also sell various books, materials, software or other items ("the Products") through the website. Where Mastermind Maker sells Products through the website (or otherwise at a distance) they will only be sold subject to the terms and conditions set out in these Terms which shall apply in every case. In some instances, you may be making a purchase from a third party. In such a case the agreement for purchase will be made between you and the third party and Mastermind Maker will have acted only as an introducer and shall have no other liability or responsibility to you under that agreement.

2. CREATING AN ACCOUNT AND CONSENT REGARDING CONTENT
2.1 In the online environment, the account you create is the method by which you, the member, interacts on the website and with other members. A Mastermind Maker account is personal to that member and is a representation of that member to the community of Mastermind Maker members. On applying for membership, you should create an account that properly represents you, using your personal details. However, creating an account with details which are incorrect does not of itself avoid this agreement for membership although Mastermind Maker shall have a right to declare that membership void in such circumstances.
2.2 Please note that you may not create more than one account on Mastermind Maker as the account is a representation of you, the member.
2.3 An account must not be created on behalf of another person UNLESS the creator of the account is acting only as agent on behalf of the member, for example as a personal assistant or secretary. A person acting as an agent in this way will NOT be acting as an agent in such a case UNLESS:
(a)the person whose details are represented in the account properly enters into a binding agreement for membership with Mastermind Maker at the time the account is created; and
(b)that member has instructed the agent to create the account or has explicitly consented to the agent performing the task; and
(c)in creating the account there is no intention to mislead any other person as to any aspect of the identity of the member.
2.4 As your account is personal to you, the member, you may not transfer your account to any other person or entity nor may you allow your account to be used by any other person unless they are acting in the capacity of an agent as described above.
2.5 You recognise and understand that by becoming a member of Mastermind Maker you are agreeing to the publication on www.MastermindMaker.com (or any other website owned and operated by ISK Ltd) of any of your personal data (as defined under the Data Protection Act 1998) that you make available to us by way of submission from an account to the website.
2.6 You further agree that, in the event of a sale of the business of Mastermind Maker (or substantial part of the business) you consent to all of your Content (which may include personal data) being sold and transferred to the buyer and that prior to the conclusion of any such sale a prospective buyer may have access to any of your Content as may at the time of that access be retained by Mastermind Maker.
2.7  License and warranty for your submissions to Mastermind Maker.You own the information you provide Mastermind Maker under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Mastermind Maker a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Mastermind Maker, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to Mastermind Maker, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Mastermind Maker profile information accurate and updated.  

3. NO UNLAWFUL OR PROHIBITED USE
3.1 As a condition of your membership, you promise to Mastermind Maker that you will not use this website for any purpose that is unlawful or prohibited.
3.2 Mastermind Maker makes available facilities for the use of members by which means members can send electronic mail messages to single or multiple email addresses of other members or non members. Such facilities, for example the 'Invitation' facility; In order to connect with others on Mastermind Maker, you may use the Invitation facility to send invitations either to their Mastermind Maker profile or email addresses if they are not a Member. The names and email addresses of people whom you invite will be used to send your invitations and reminders as well as to allow Mastermind Maker to help expand your network. Information entered into the Invitation facility is only viewable by you. By providing email addresses or other information of non-Members to Mastermind Maker, you represent that you have authority to do so. The invitation facility may not be used for the sending by any person of unsolicited electronic mail using the account of a member to persons who have not consented to such communications unless:
(a) that person or the member has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
(b) if (a) is the case, the electronic mail is in respect of that person's or member's similar products and services only; and
(c) at the time of sending the electronic mail the recipient is given a simple means of refusing (free of charge) the use of his contact details for the purposes of such electronic mail, AND had also been given such an opportunity at the time that the recipient's details were initially collected, and, where s/he did not initially refuse the use of the details, at the time of each subsequent communication.
The sending of such unsolicited electronic mail will almost certainly be unlawful under the laws of England & Wales. Members who send unsolicited electronic mail (whether unlawful or not) using any of the facilities of Mastermind Maker will be in breach of these Terms of Membership.
3.3 As the actions of a member who breaches the provisions of clause 3.3 may cause legal liability to attach to Mastermind Maker, the member whose account is used for the sending of unsolicited electronic mail will indemnify Mastermind Maker from the consequences of any such breach including without limitation, making good of any costs, penalties, fines, interest, damages or losses of any nature accruing to Mastermind Maker. This indemnity shall survive the termination of an agreement for membership between Mastermind Maker and the member whose account has been used to send the unsolicited electronic mail. The provisions of this clause shall not affect any other rights or remedies that may otherwise be available to Mastermind Maker.
3.4 For clarification, the act of joining Mastermind Maker shall be an agreement by the member to receive email correspondence from other members of Mastermind Maker, Mastermind Maker or its partners.
3.5 You should not apply to become a member of Mastermind Maker if you are under the age of 13 years, or are a resident in a state or country where joining Mastermind Maker or using (some or all of) the facilities of Mastermind Maker is unlawful. Should it be found that this has been the case, Mastermind Maker may terminate your membership without further notice and without liability to you.

4. SECURITY
4.1 Members are responsible for providing all personal computer and communications equipment necessary to gain access to the website. Access to and use of the website is through a combination of a username and a password. Each Member must keep their username and password strictly confidential and only share it with a third party if this third party has permission to assist with the management of their account in some way. Remember your password! For security reasons, Mastermind Maker will not release passwords except as may be specifically required by law or court order.
4.2 You must promptly inform Mastermind Maker of
any breaches or apparent breaches of security, such as loss of, theft of, or unauthorised disclosure or use of any account security information or password.
4.3 Following any breach of security on your account, until Mastermind Maker receives a notification from you by e-mail to webmaster@MastermindMaker.com of a breach in security, you will remain liable for any improper use of your account.

5. RULES OF MEMBERSHIP AND TERMINATION
5.1 You may end your agreement for membership with Mastermind Maker at any time by notice. You can send notice by email or by conventional post to Mastermind Maker.
5.2 Mastermind Maker may withdraw the rights of any member to use the facilities available to members at any time and without cause. Because of the nature and size of the membership of Mastermind Maker, Mastermind Maker will not be under any obligation to contact individuals about the withdrawal of rights, disclose the reasons for that withdrawal or to enter into any correspondence or negotiation about it. A withdrawal of the rights to use the facilities will amount to a termination of membership unless Mastermind Maker publishes (on the website) information to the contrary.
5.3 Mastermind Maker will be able to suspend and / or terminate any account which it reasonably believes is a 'Fake Account' without notice. In becoming a member you understand and agree that if you are found (on the balance of probabilities) to have participated in, assisted in, endorsed or been a party to the creation of a Fake Account, Mastermind Maker may publish that finding on the website and you will be regarded as being a party to the breach of these Terms of Membership. A 'Fake Account' is an Mastermind Maker account opened by a person (or for a person) or used by a person (or on behalf of a person) where at any time during the existence of the account:
(a) the account is used or operated in such a manner as to mislead any other member as to the identity of the user or operator; or
(b) the account is used or operated by any person having the intention to mislead any party as to his or her identity; or
(c) the details of the account which are available in any format to any other member are not those of the person using or operating the account; or
(d) the account is created or used or operated by any person who is not a member of Mastermind Maker or is prohibited from being a member.
An account will not be a Fake Account by reason only of its use or operation by an agent acting as such and the provisions of clause 2.3(a) to (c) inclusive are met.
5.4 Mastermind Maker will also be entitled to terminate membership if the member has;
(a)committed a breach of these Terms of Membership;
(b)opened an account with Mastermind Maker utilising any information which is false or is used with the intention to mislead;
(c)used any material on Mastermind Maker in breach of copyright or other intellectual property rights of the owner;
(d)utilised Mastermind Maker in furtherance of any act which amounts to a crime or which is unlawful in either case under the law of England & Wales;
(e)opened another account using any details or in any name following a termination of that person's membership and no written permission has been given for that person to reapply for membership;
(f)(other than when acting as an agent and the provisions of clause 2.3(a) to (c) inclusive are met) passed themselves off as being a member by operating that member's account, with or without permission;
(g)operated any account or provided any information to any person by use of Mastermind Maker with intent to mislead any person as to the true state of affairs;
(h)purported to be or represent (without the requisite authority) an Mastermind Maker official, leader of any online forum, guide or host, or falsely stated or otherwise misrepresented an affiliation with a person or entity;
(i)made, used, downloaded, distributed or otherwise copied, or provided (whether or not for any consideration) to any person or entity any list of users of Mastermind Maker or Mastermind Maker services or any portion thereof except as is agreed by Mastermind Maker and does not contravene the rights of any individual under the Data Protection Act 1998;
(j)harvested or otherwise collected information appearing on Mastermind Maker or available through its services about other persons, including email addresses except when explicit or implied consent has been given by that person and where acceptable in order to properly participate in the use of the website.
5.5 Where any membership is terminated under the foregoing provisions (a) to (j) of clause 5.4, by operation of these Terms the member is on notice that Mastermind Maker will not knowingly allow any future membership for that person unless it has first issued an agreement in writing to that effect. That agreement (to future membership following a termination) may be withheld at Mastermind Maker's discretion and without obligation to give reasons. This provision will apply equally to any person who Mastermind Maker reasonably believes is responsible for the creation use or operation of a Fake Account.
5.6 Mastermind Maker will not be under any duty to disclose any member's contact details or Content to any member who has terminated their membership or had their membership terminated by Mastermind Maker.
5.7 When a member's account is to be ended, all personal data and records will be removed from public access and dealt with in accordance with the provisions of any relevant statute or regulations that are then in force. That member will remain liable for any payments or charges which are due and owing to Mastermind Maker as at termination of membership.
5.8 Mastermind Maker reserves the right to deny in its sole discretion any visitor or member access to Mastermind Maker website, specific areas of the website or functionality or features of the website.



6. COMPLAINTS, MEMBERS BEHAVIOUR
6.1 From time to time Mastermind Maker may receive complaints about the conduct of a member or the operation of an account. If a complaint is received about you or your behaviour has come into question for some other reason¸ Mastermind Maker shall have the right to suspend your account and any other account which it reasonably believes that you may use or have access to whilst an investigation is carried out. After the investigation the account(s) may be reinstated or terminated.
6.2 Suspension during investigation is entirely at Mastermind Maker's discretion. Mastermind Maker shall have the right to remove without notice any Content including without limitation, articles, forum discuss and private messages.
6.3 It must be appreciated that any details which may identify a complainant will not be given to you unless the complainant is (because of the attendant circumstances) already known to you, or the complainant has explicitly agreed or the operation of the law of England & Wales requires such disclosure.
6.4 Mastermind Maker will carry out the investigation process as soon as is reasonably possible and will seek to gather all pertinent facts. Unless the account under investigation is a Fake Account or is reasonably believed to be a Fake Account, a member subject of such an enquiry will be informed of the investigation by email to the last email address given to Mastermind Maker for contact and invited to make any representations as to the matter under investigation. Representations can be made up until the point where Mastermind Maker has closed its investigation.
6.5 Mastermind Maker may need to seek information from a number of sources and therefore no definite timetable can be put forward for the conclusion of the investigative stage.
6.6 If it is reasonable to conclude that there has been a breach of these Terms of Membership or of a Subscription Agreement, Mastermind Maker may at its discretion:
(a)take no action; or
(b)issue an advisory request to the member concerning his or her conduct; or
(c)continue the suspension of the member's account; or
(d)terminate the member's membership by email notice; or
(e)in the case where the account is or may reasonably be supposed to be a Fake Account, terminate that account without notice.
Other than in the case of a Fake Account, the member subject to any sanction imposed by Mastermind Maker will have the right to make an appeal in writing to Mastermind Maker's registered office address provided any such appeal is received within 14 days of the imposition of the sanction.
6.7 Mastermind Maker shall not be under any obligation to disclose to the member subject of the investigation any material or evidence gathered.

7. LIABILITY FOR FAKE ACCOUNTS
7.1 Where the termination OF AN ACCOUNT BY MASTERMIND MAKER results from a finding that the member has created a Fake Account or has breached any of the provisions at clause 5.4, sub-clauses (b), (e), (f), (g) and (h), the member in question shall be liable to pay to Mastermind Maker the sum of £250 by way of liquidated damages. In applying for membership, you will be taken to agree that such damages are a reasonable pre-estimate of the costs of the labour and other administration charges incurred in searching for, redacting and / or removing from the website all that material or part of that material (depending upon the circumstances of the breach) posted by or on behalf of the member in breach and the taking of such steps as are necessary to mitigate any potential damage caused to other members and to Mastermind Maker.
7.2 Nothing in 7.1 above is intended to limit the effect of the indemnities at clause 15.

8. LIMITATIONS AND EXCLUSION OF LIABILITY
8.1 You expressly understand and agree that, to the maximum extent permitted by applicable law, Mastermind Maker (or any party engaged by Mastermind Maker to deliver services to members or any resellers acting by agreement with Mastermind Maker) shall not be liable to you for:
(a) any consequential loss including loss of chance or opportunity, for any economic loss including loss of profits or anticipated profits, or for any damages costs or expenses incurred by you whether arising out of breach of contract or by reason of breach of any duty owed to you; or
(b) for any loss of employment or employment opportunity; or
(c) for any loss of the opportunity to obtain some position or office; or
(d) for any loss of or corruption to any software, or loss of any data or information from any computer or system used by you to access Mastermind Maker, or for any modifications or deletions made to such computer or system or to any files therein
resulting from any use by you, whether direct or indirect, of any services provided to you by Mastermind Maker, of any information or advice appearing on the Mastermind Maker website or provided in or by any services offered by Mastermind Maker or any software offered by Mastermind Maker, of any failure of performance of the website, any error, omission, interruption, deletion, defect, delay in operation or the failure of any transmission, or of any communications facility, or any theft, destruction or unauthorised access to, alteration of, or use of Mastermind Maker records in circumstances which were beyond Mastermind Maker's reasonable control.
8.2 To the extent that any provision of sub-clause 8.1 is found to be ineffective, you agree that the remaining provisions of the sub-clause shall continue to be of full effect.
8.3 Nothing in this clause 8 is intended to limit or exclude the liability of Mastermind Maker for causing the death or personal injury of any person or for any fraudulent misrepresentation.
8.4 Should Mastermind Maker be liable to you for any breach of contract or of any duty arising from such contract, Mastermind Maker's liability shall be limited to the aggregate of any amount paid by you to Mastermind Maker under that contract or £50, whichever is the greater.

9. WARRANTIES AS TO THE WEBSITE
9.1 Mastermind Maker does not warrant to you that access to or use of the website or any services provided by Mastermind Maker will be available at all times, or will be uninterrupted or error free. No warranty as to quality or fitness for purpose of the website or its facilities is intended or given.
9.2 Mastermind Maker does not warrant that access to the website or access to the full facilities or services available through the website will be possible on your internet access equipment or that your internet access equipment will be capable of allowing you access to the website or any services.
9.3 Mastermind Maker does not warrant that the website or any services will be available to you for use in every area of the world, or that it will be continuously available for use or that it will be error free or available continuously.
9.4 Mastermind Maker does not warrant that your use of the website or of any services provided by Mastermind Maker is lawful in any particular part of the world and in accepting these Terms of Membership you accept that you will have responsibility for any use of the website or any services in a place where that use is unlawful and shall indemnify Mastermind Maker for any losses caused arising from such unlawful use.
9.5 Mastermind Maker gives you no warranty or guarantee concerning any information provided by any member through the website and where advice appears on the website, you accept that you act upon that advice at your own risk and that Mastermind Maker do not offer that advice or endorse it in any way unless that fact is explicitly stated on the website.
9.6 Mastermind Maker does not endorse or guarantee the business of any of its members, their products or services. Mastermind Maker does not control Content posted by members onto the website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
9.7 Members enter into a trading relationship with other members, advertisers or Visitors at their own risk and take full responsibility to undertake their own due diligence prior making an arrangement or agreement of any sort.
9.8 It is possible that the access number you have programmed for use by your dial-up modem to connect to the internet may be a telephone number that results in additional or long distance charges being billed to you by a third party, You are solely responsible for determining whether the access number you use is subject to any additional charges even if such number was presented by Mastermind Maker as an appropriate access number for your area. It is your responsibility to contact your telephone company to determine whether the access number you select is subject to additional charges. You agree to pay any charges you incur by using a long distance telephone number to connect to the website, including those that may be billed to you by a third party. Mastermind Maker will not reimburse you for any charges incurred by you as a result of selecting an access number that is subject to additional and/or long distance charges.

10. NO PROFESSIONAL ADVICE
10.1 Nothing contained in Mastermind Maker is intended to constitute investment, legal, tax, real estate, medical, accounting or other personal or professional advice, and you should not rely solely on the reports, data, and other information provided to you as part of Mastermind Maker for making decisions.
10.2 Information provided within Mastermind Maker is for informational purposes only. You should consult with an appropriate professional for specific advice tailored to your situation and/or verify the accuracy of information provided to you before making any decision.

11. RULES ON THE USE OF Articles, Forums, Groups AND OTHER COMMUNICATIONS FORUMS
11.1 Without the advance express written permission of Mastermind Maker, you may not 'meta-search' Mastermind Maker services, send, or cause to be sent, any automated queries of any sort to Mastermind Maker services, or use Mastermind Maker services in any commercial manner.
11.2 You may not copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from MastermindMaker.com whether printed, visual, audio, radio, electronic, email forwarding, TV, satellite, digital transmission, scanned, website re-cycled or any other form of material except where expressly noted that the material is available for such purpose.
11.3 The Mastermind Maker website contains articles, discussion forums and other message or communication facilities (each a "Forum", collectively, "Forums"). You agree to use all such facilities only to send and receive messages and disseminate information or opinion which is proper and related to the topic of the particular Forum.
11.4 You agree that when participating in a Forum or in sending messages, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) by any repeated action, to attempt to demean, belittle or intimidate another person or member;
(c) publish, post, distribute, link or disseminate any defamatory, infringing, obscene, pornographic, foul language, swearing, indecent, libellous or unlawful material or information;
(d) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
(e) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(f) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(g) falsify the origin or source of software or other material contained in a file that is uploaded;
(h) view, intercept, or attempt to intercept e-mail or other private communications not intended for you;
(i) use your e-mail accounts in the text of unsolicited e-mail messages or Web sites as an address to which subscribers, members or other Internet users can respond;
(j) view, intercept, or attempt to intercept e-mail or other private communications not intended for you.
11.5 Except to the extent allowed, you must not advertise, or offer to buy or sell any goods or services, or conduct or forward any surveys, contests or chain letters. In no event may you use any Forum to advertise or sell any goods or services which you are in the business of advertising or selling.
11.6 You acknowledge that all Forums are public and not private communications and Mastermind Maker has the right to monitor all communications on the website. Further, you acknowledge that Mastermind Maker does not have any liability for any discussions, postings, conferences, and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by Mastermind Maker. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such material originated. This means that you, and not Mastermind Maker, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the website.
11.7 You understand that by using Mastermind Maker website, you may be exposed to Content that you consider to be offensive, indecent or objectionable.
11.8 Under no circumstances will Mastermind Maker be liable to you in any way for your use of any website that chooses to link to the Mastermind Maker website or which may display some of its Content on the Mastermind Maker website.

12. WHAT MASTERMIND MAKER IS NOT

12.1 Mastermind Maker is NOT a Network Marketing or MLM (Multi Level Marketing) company and will not accept activity to either recruit members to the marketing network of the MLM company or promote the MLM company itself. This applies within its membership or at its events, this includes text, keywords and links in profile pages or anywhere else on the website or material at networking events. In the event of a member, profiting directly through the use of the information provided within the member's homepage or from sending information about the Network Marketing or MLM (Multi Level Marketing) company to the membership the individual's membership to Mastermind Maker will be terminated immediately. For clarity, Members will not be in breach of this condition if they include or provide a product or service that is sourced from a multi-level marketing, referral marketing or similar organisation and that product or service is provided as part of that members own product or service offering to their customers and clients.
12.2 Mastermind Maker is NOT a "free to advertise site or database" - the sending of unsolicited emails (SPAM) advertising products or services, or inviting others, using Mastermind Maker Forums, by any private messaging system,  invitation tools or directly to members e-mail addresses is NOT PERMITTED WITHOUT THEIR PERMISSION. Any instant messages or emails from one member to another may not be carried out using Mastermind Maker's, or third party's services to relay your message or with the intention of hiding the origination of your message or message. The collection of Mastermind Maker members e-mail addresses from the profile pages or from the database (except using export tools where available) for ANY use without the written permission of Mastermind Maker is considered as theft, legal action may be taken against offenders.
12.3 Mastermind Maker will not mediate disputes between members and does not accept any liability to any party whatsoever for any disputes arising due to postings on the website, messages, emails, telephone call or meetings by a particular member(s). Mastermind Maker shall not be obliged to publish any information about disputes between members or arising from such disputes.

13. SOFTWARE AVAILABLE ON THE WEBSITE
13.1 Software (if any) that is made available to download from the website is either the copyrighted work of Mastermind Maker and / or its suppliers, or is made available by a member. Your use of any software (being software which is not made available by a member) ("Software") is governed by the terms of any applicable end user license, if any, which accompanies or is included with the software ("License Agreement").
13.2 You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Mastermind Maker hereby grants to you, the user, a single personal, non-transferable license to use the Software for the purpose only of using the website and its functions as clearly intended by Mastermind Maker.
13.3 Please note that all Software, including without limitation all HTML code and Active X controls contained in this website, is owned by Mastermind Maker and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software without permission in writing is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
13.4 Any reproduction of Software for any commercial exploitation by any party is prohibited. Software is provided 'as is' and without any
13.5 You acknowledge and agree that Mastermind Maker may automatically check the version of Software and components you are utilising and may provide upgrades to such Software that will be automatically downloaded to your computer, in which event you will be responsible for all resulting charges including, without limitation, connect time charges and local or long distance telephone charges, if any.
13.6 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of England & Wales. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United Kingdom export restrictions.

14. OWNERSHIP AND LICENSING OF CONTENT AVAILABLE THROUGH MASTERMIND MAKER
14.1 All Content of the Mastermind Maker website or made available in the provision of any subscription services by Mastermind Maker, including without limitation, information, designs, logos, text, pictures, film, photographs, streaming video, video, graphics, any music or sound, any digital reproduction of any of the foregoing and any software that are made available to visitors to the website and members of Mastermind Maker is owned by and is the copyrighted work of Mastermind Maker and/or its suppliers or members (as the case may be) and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Content without permission in writing is expressly prohibited.
14.2 By agreeing to become a member of Mastermind Maker, you irrevocably licence Mastermind Maker to publicly display any Content uploaded by you or on your behalf onto the website. Such licence shall survive the ending of your membership. Mastermind Maker may display all or part of your Content on any page of the site and redact or edit it without your consent.
14.3 Mastermind Maker does not claim ownership of any material you make available to Mastermind Maker (including feedback and suggestions) by the fact of allowing it to be published on the website (each instance being a "Submission"). However, by posting, uploading, inputting, providing or submitting (to "Post" or to make a "Posting") your Submission onto the website you are granting Mastermind Maker, and its sub contractors and companies or bodies with whom Mastermind Maker partners on the website from time to time, permission to use your Submission in connection with the operation of the business of Mastermind Maker (whether by operation of the website or otherwise) and you now grant to Mastermind Maker without limit as to time and irrevocably the following rights:
(a) to copy, distribute, transmit, publicly display, publicly perform on a worldwide basis, to reproduce, edit, translate and reformat your Submission;
(b) to publish on the website or elsewhere your name in connection with your Submission;
(c) the right to sublicense such rights to any supplier or sub contractor of Mastermind Maker.
14.4 You understand that unless Mastermind Maker has explicitly agreed to the contrary, no compensation will be paid with respect to the use of your Submission. Mastermind Maker is under no obligation to publish or use any Submission you may provide and Mastermind Maker may remove any Submission at any time in its sole discretion.
14.5 By Posting a Submission you warrant and represent that you own or otherwise have all requisite authority or licence over the entirety of each of your Submissions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, where your Submission contains images, photographs, pictures or that are otherwise graphical in whole or in part ("Pictures"):
(a) that each person depicted in such Picture, if any, has provided consent to the use of the Picture by you;
(b) that you are the owner or have all the rights of the owner of the Picture, and
that you now indemnify Mastermind Maker against any losses, damages, costs, penalties and interest caused by or arising from any action, claim, demand or requirement lawfully made against Mastermind Maker brought about because of your Submission of a Picture.
14.6 By Posting a Picture, you are granting (in addition to the rights specified at clause 14.5 above):
(a) to all members of any Forum in which you are participating and on which you make the Submission (for each such Picture) and / or
(b) to the public at large (for each such Picture available anywhere on Mastermind Maker, other than a private community), and/or
(c) to any person with whom you share Pictures through email using Mastermind Maker,
permission to use your Picture in connection with the business of Mastermind Maker, (including, by way of example, and not as a limitation, downloading, printing and making prints and gift items which include such Picture). The licenses granted in this clause for a Picture will terminate at the time you completely remove such Picture from Mastermind Maker, provided that such termination shall not affect any licenses granted in connection with such Picture prior to the time the Picture is completely removed.
 14.7          User-to-User Communication and Sharing (Mastermind Maker Groups,  etc.).Mastermind Maker offers various forums such as Mastermind Maker Groups where you can post your observations and comments on designated topics. Mastermind Maker also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and Mastermind Maker cannot guarantee that other Users will not use the ideas and information that you share on Mastermind Maker. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Mastermind Maker group or elsewhere on Mastermind Maker. MASTERMIND MAKER IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY MASTERMIND MAKER COMMUNITY FORUMS SUCH AS THE MASTERMIND MAKER Forum, GROUPS OR Articles.

15. LINKS TO THIRD PARTY SITES
15.1 This website may contain hyperlinks to websites operated by parties other than Mastermind Maker. Such hyperlinks are provided for your reference only. Mastermind Maker does not control such websites and is not responsible for their Content. Mastermind Maker's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

15.2 Members who are found to be using hidden links, repetitive links or blatantly attempting to spam Mastermind Maker and / or search engines may have their Content removed or account closed without warning.
15.3 Any dealings with third parties (including advertisers) included within services provided by Mastermind Maker or participation in promotions, including the delivery of and the payment for goods and services, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Mastermind Maker shall not be responsible or liable for any part of any such dealings or promotions, including the use of professional (paid) mastermind groups.

16. MODIFICATION OF THESE TERMS AND CONDITIONS
Mastermind Maker reserves the right to change the terms, conditions and notices under which this website is offered without notice.

17. INDEMNITY
17.1 Where it is found that a member has been in breach of any of these Terms of Membership (or where it is the case, any terms of a Subscription Agreement), he or she shall indemnify Mastermind Maker for and against any loss or damage (to include reasonable legal costs, penalties, interest or costs reasonably incurred in mitigating any loss or damage) sustained by Mastermind Maker and / or any party, including a party to whom Mastermind Maker owes a duty under law, which arises because of the breach by that member. This indemnity shall continue notwithstanding the ending of this agreement for membership.
17.2 You now agree to indemnify and hold Mastermind Maker, and its subsidiaries, affiliates, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable legal fees, made by any Mastermind Maker member or by any third party against any of the aforementioned indemnified parties due to or arising out of any Content you submit, post, transmit or make available through the Mastermind Maker website or on any website to which Mastermind Maker links or which displays some Content of the Mastermind Maker website, your use of the Mastermind Maker website, your connection to Mastermind Maker website, or your violation of any rights of another.
17.3 Mastermind Maker will notify you of any claim for which Mastermind Maker seeks indemnification as soon as is reasonably practicable and will afford you the opportunity to participate in the defence of such claim, provided that your participation will not be conducted in a manner prejudicial to Mastermind Maker's interests, as reasonably determined by Mastermind Maker.
17.4 Where permissible under relevant law, this indemnity will extend to any claim, demand, award of damages, penalty, costs, interest and reasonable legal fees suffered by or demanded from Mastermind Maker under the law of any jurisdiction.
17.5 Where by operation of the law of England & Wales, any provision contained in the indemnities given in this clause 15 is found to be of no effect, you agree that the other provisions of that clause may still be construed as being in full force and effect.

18. GENERAL
18.1 Mastermind Maker is based in England and by applying for membership, you are agreeing that your membership will be subject to the law of England & Wales. You hereby consent to the exclusive jurisdiction of the courts of England & Wales in all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Membership, including without limitation this paragraph.
18.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mastermind Maker as a result of your agreement to these Terms of Membership or use of this website.
18.3 Mastermind Maker's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mastermind Maker's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Mastermind Maker with respect to such use.
18.4 If any part of this agreement for membership is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
18.5 Where fictitious names of companies, products, people, characters and/or data are used on the website by Mastermind Maker, there is no intention to represent any real individual, company, product or event.

Any rights not expressly granted herein are reserved.

© 2011 ISK Ltd. All rights reserved.
Terms of Membership
    MASTERMIND MAKER USER “DOS” and “DON’TS.”As a condition to access Mastermind Maker, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts: A.                                                      Do undertake the following:1.      Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;2.      Provide accurate information to us and update it as necessary;3.      Review and comply with our Privacy Policy;4.      Review and comply with notices sent by Mastermind Maker concerning the Services; and5.      Use the Services in a professional manner.B.      Don’t undertake the following:1.      Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Mastermind Maker;2.      Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Mastermind Maker (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Mastermind Maker;3.      Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;4.      Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature;5.      Create a user profile for anyone other than a natural person;6.      Utilize information, content or any data you view on and/or obtain from Mastermind Maker to provide any service that is competitive, in Mastermind Maker’s sole discretion, with Mastermind Maker;7.      Imply or state, directly or indirectly, that you are affiliated with or endorsed by Mastermind Maker unless you have entered into a written agreement with Mastermind Maker (this includes, but is not limited to representing yourself as an accredited Mastermind Maker trainer if you have not been certified by Mastermind Maker as such);8.      Adapt, modify or create derivative works based on Mastermind Maker or technology underlying the Services, or other Users’ content, in whole or part, except as permitted specically by Mastermind Maker;9.      Rent, lease, loan, trade, sell/re-sell access to Mastermind Maker or any information therein, or the equivalent, in whole or part;10.  Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;11.  Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through Mastermind Maker-sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services;12.  Access, via automated or manual means or processes, Mastermind Maker for purposes of monitoring its availability, performance or functionality or for any competitive purpose;13.  Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Mastermind Maker’s website;14.  Attempt to or actually access Mastermind Maker by any means other than through the interfaces provided by Mastermind Maker;15.  Attempt to or actually override any security component included in or underlying Mastermind Maker;16.  Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Mastermind Maker personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;17.  Remove any copyright, trademark or other proprietary rights notices contained in or on Mastermind Maker, including those of both Mastermind Maker and any of its licensors;18.  Remove, cover or otherwise obscure any form of advertisement included on Mastermind Maker;19.  Harass, abuse or harm another person, including sending unwelcomed communications to others using Mastermind Maker;20.  Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Mastermind Maker except as expressly permitted in this Agreement or as the owner of such information may expressly permit;21.  Share information of non-Users without their express consent;22.  Interfere with or disrupt Mastermind Maker, including but not limited to any servers or networks connected to Mastermind Maker;23.  Invite people you do not know to join your network;24.  Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo;25.  Use or attempt to use another's account without authorization from the Company, or create a false identity on Mastermind Maker;26.  Infringe or use Mastermind Maker’s brand, logos and/or trademarks, including, without limitation, using the word “Mastermind Maker” or “MastermindMaker”in any business name, email, or URL or including Mastermind Maker’s trademarks and logos except s expressly permitted by Mastermind Maker;27.  Upload, post, email, transmit or otherwise make available or initiate any content that: a.      Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;b.      Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;c.      Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Mastermind Maker);d.      Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);e.      Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;f.       Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Mastermind Maker invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Mastermind Maker to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, or group aliases;g.      Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Mastermind Maker or any User of Mastermind Maker;h.      Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or28.  Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.   

 

 
 
 
 
 
 
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