These Terms, and any future modifications to such Terms, constitute a legal contract between you and Generation Mindful.
1. USER-GENERATED CONTENT
Absent a separate agreement with us, Generation Mindful does not claim any ownership rights to the content created by its users and shared among Generation Mindful channels, including content in our blogs. We reserve the right to disable the ability of users to share content through Generation Mindful. After submitting Your Content, subject to any rights of third party providers, you continue to retain any ownership rights you have to Your Content and you continue to have the right to use and license Your Content in any way you choose. The Content that you submit to Generation Mindful needs to comply with these Terms.
You hereby grant Generation Mindful a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Your Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Generation Mindful (and our social media channels) without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in backup copies.
You hereby agree that we may remove Your Content in our sole and absolute discretion. You hereby agree that if Your Content is removed from Generation Mindful owing to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, Generation Mindful shall have the right to use and reproduce Your Content in response to any subpoena or other judicial or administrative order; to assist government enforcement agencies or as otherwise required by law; and to protect the rights, property, or safety of Generation Mindful, any individual, or the general public. If Your Content is removed, lost, altered, damaged, misused, or otherwise irretrievable, you agree to, and hereby do, waive Generation Mindful from any and all liability.
You are responsible for making sure that you have all rights to Your Content, including the rights necessary for you to grant the foregoing licenses to Your Content. You are solely responsible for Your Content. Generation Mindful does not guarantee any confidentiality or privacy with respect to any of Your Content.
Additionally, you understand that Your Content may be incorporated into other Generation Mindful features, including, but not limited to, profiles, community boards, third-party social-sharing sites, RSS feeds, and other features.
We encourage our users to submit suggestions and ideas to us on a nonconfidential basis. If you send us creative suggestions, ideas, notes, drawings, concepts, or other submissions, you automatically grant, or warrant that the owner of such material expressly grants, Generation Mindful the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) through Generation Mindful and/or to incorporate it in Generation Mindful resources or other works in any form, media, or technology now known or hereafter developed for any purpose that Generation Mindful chooses. Generation Mindful does not claim any ownership rights to the Submissions. Generation Mindful is not obligated to maintain any Submissions in confidence and may publicly disclose or use the Submissions. The sender acknowledges that any such use by Generation Mindful will be without any compensation to the sender whatsoever and may not credit the sender, depending on the form of the Submission. The sender waives all so-called "moral rights" in all Submissions. The sender further waives the right to make any claims against Generation Mindful relating to unsolicited Submissions.
Generation Mindful will post guidelines (or provide forms) regarding your Submission. These guidelines are designed to assist you in providing Generation Mindful with a Submission that suits our needs. Generation Mindful may, at its discretion, alter or change the guidelines without notice to you. Requests for user Submissions are not contests, and user Submissions may be evaluated in any manner Generation Mindful and its affiliates deem appropriate. Generation Mindful does not guarantee that any Submission you provide will be reviewed or even considered for publication. In some cases, Submissions not chosen in a Submission request may be used on Generation Mindful before, during, or after the close of the Submission request.
3. ACCEPTABLE USE AND CONDUCT
You represent and warrant to Generation Mindful that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations (b) you have the right to grant to Generation Mindful the rights granted herein, and you own or have all necessary rights to, title to, and interest in Your Content; (c) Your Content does not and will not (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) Your Content does not contain any viruses, Trojan horses, or other computer-programming routines that may potentially damage, harm, or otherwise interfere with Generation Mindful technologies or access to Generation Mindful Resources. You are solely responsible for your conduct and Your Content on Generation Mindful’s. We want to keep Generation Mindful’s website safe and fun for everyone, and the use of it for unlawful or harmful activities is not allowed.
4. COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly remove the articles of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof and you believe that any Generation Mindful article infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.
Counternotification. If we remove or disable access to such Generation Mindful blog posts in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected article. If you feel that your material does not constitute infringement, you may provide us with a counternotification by written communication that sets forth all the necessary information required by the DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
You agree to indemnify, defend, protect, and hold harmless Generation Mindful, and its successors, subsidiaries, affiliates, cobranders, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to your use or misuse of, or connection to, Generation Mindful.
The failure of Generation Mindful to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may not delegate or transfer your duties and obligations under these Terms or assign these Terms or your Generation Mindful account, in whole or in part, to anyone. Generation Mindful may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.