PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE WWW.HOME.MINDSPARK.COM WEBSITE OR RELATED SERVICES.
YOUR ACCESS OR OTHER USE OF THE MINDSPARK HOMEPAGE OR SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF SERVICE SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE MINDSPARK HOMEPAGE OR SERVICES AND SHOULD EXIT IMMEDIATELY. BEFORE YOU CONTINUE, YOU SHOULD PRINT OR SAVE A LOCAL COPY OF THESE TERMS FOR YOUR RECORDS.
Welcome to www.home.mindspark.com, operated by Mindspark Interactive Network, Inc. ("Mindspark", "we" or "us"). THE MINDSPARK HOMEPAGE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13. By using these services, you attest that you are at least 13 years old and that any information you provide to Mindspark in your registration, and at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times and that you will be the sole user of your log-in identification.
By using the services offered on or through www.home.mindspark.com or any successor URL (the "Mindspark Homepage"), you are agreeing to the terms and conditions listed below (the "Terms of Use" or "TOU"). We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. You can always check out the most current version of these Terms of Use at this page. You can determine when these Terms of Use was last revised by referring to the "Last Updated" legend at the top of these Terms of Use.
In addition to these Terms of Use, your use of the Mindspark Homepage and/or Mindspark-provided Services (as defined below) is governed by our Privacy Policy http://home.mindspark.com/privacy.html . You agree to Mindspark's collection, use and sharing of your information as set forth in the Privacy Policy, which may be amended by us from time to time in our discretion. When using particular Services, you shall be subject to any posted terms or guidelines applicable to such services, and any other terms or conditions applicable to Services provided by or in conjunction with any of Mindspark's content and service partners. The Privacy Policy and any posted terms or guidelines are hereby incorporated by reference into these Terms of Use.
If you do not understand or agree to these Terms of Use, please do not use the Mindspark Homepage or any Services (as defined below), and do not register to be a member of the Mindspark Homepage. If you have any questions or concerns regarding these Terms of Use, please let us know by emailing us at customersupport[at]help.mindspark.com. Do not use the Services until these questions and concerns have been answered to your satisfaction, and you agree to abide by the terms and conditions of these Terms of Use.
The Mindspark Homepage offers a variety of services, including the ability to personalize the features and functionalities you experience at the Mindspark Homepage and, for users who have downloaded certain Mindspark-distributed toolbar applications (each, a "Toolbar"), the ability to personalize your Toolbar, using a variety of Widgets (the Widgets, collectively, and together with the Mindspark Homepage and Toolbars, the "Services"). Services may be offered by Mindspark itself, or by one or more third party partners/service providers. Unless otherwise stated, these Terms of Use apply to all Services; use of the Toolbar itself is governed by an End User License Agreement and Privacy Policy available here. All content and additional or replacement services made available through the Mindspark Homepage that were not made available as of the "Last Updated" date above shall automatically be deemed to be part of the "Services" when first made available through the Mindspark Homepage.
In this TOU, a "Widget" means (1) a file comprised of computer code, including XML, HTML or JavaScript, that uses an Application Program Interface or Themes Application Program Interface ("API") and (2) any content contained within or made available through the file, including but not limited to data, written text, flash, images and computer code.
If you register at the Mindspark Homepage, you will be asked to provide a username. You agree that Mindspark usernames are the sole property of Mindspark, and we reserve the right, in our sole discretion, to change, remove or replace any username for any reason. We may refuse to grant to you and you may not use a username that is already being used by another; that may be construed as impersonating another; that belongs to another person; that violates the intellectual property rights of another person; that is offensive; or that we reject for any other reason.
If you register as a user, you will be asked to create a password. You are the sole and exclusive owner of any password and username combination issued or chosen by to you. Maintaining the confidentiality and security of your password and username is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and username. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password, and/or username or any related account. If we have reasonable grounds to suspect that the security of your password and/or username has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or username.
As part of the Toolbar download process, your homepage may be reset to the Mindspark Homepage located at home.mindspark.com. If you do not wish to have your homepage reset, you can opt-out of this change by checking the appropriate box during the download process to disallow this change.
When using the Mindspark Homepage, you may have the ability to add certain Widgets to your homepage and/or otherwise personalize the layout, features and functionality of the Mindspark Homepage as it appears to you. If you are a registered user with a Toolbar, you may also add certain widgets directly to your Toolbar. The Widgets are provided by Mindspark or one or more of our third party vendors. The use and information gathering practices of any third party-provided Widget is governed by the relevant Widget's terms of service and privacy policy, which should be available via the Widget itself or at the Widget developer's website. MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO WIDGETS, SERVICES OR OTHER PRODUCTS PROVIDED BY THIRD PARTY VENDORS.
No Reliance on Mindspark Homepage Content. The Mindspark Homepage is intended for general informational and entertainment purposes only. As such, you use it at your own risk. The content is provided on an "as is" and "as available" basis, and we make no representations or guarantees as to its accuracy, completeness, usefulness, non-infringement or suitability.
One or more Widgets may allow you to obtain information on (i) companies, stock prices, bonds, and other investments or financial matters; (ii) medical conditions, medical and pharmaceutical products and other health-related materials; or (iii) other specialized information typically provided by trained specialists and/or licensed professionals. All such financial, medical, health and specialist information is provided for informational purposes only, and no information you may obtain is intended by Mindspark to be used for trading or investing purposes, for diagnostic or treatment purposes, for instruction or advice, or otherwise in lieu of seeking the advice or guidance of a professional. Mindspark shall not be responsible for the accuracy, usefulness or availability of any information transmitted via such Widgets, and shall not be liable for any trading, investment, health or other decisions made based on such information.
One or more Widgets may provide shopping services to help you locate and potentially purchase products from online and offline retailers. Mindspark does not control these independent retailers and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.
When shopping by means of services provided by Widgets, you acknowledge and agree that:
Mindspark does not endorse any of the products or services linked to, from or through the Excite Services, nor has Excite taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Excite or their own Web sites. Excite expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.
In no event shall Mindspark be liable for any damages whatsoever (whether direct, indirect, general, special, compensatory, consequential, and/or incidental), arising out or relating to any decisions you make based upon reading any content on the Mindspark Homepage or made available on or via any Widget.
You may access the Mindspark Homepage and use the Services for personal, non-commercial purposes. Use of the Services is void where prohibited. By accessing or otherwise using the Mindspark Homepage and/or Services, including without limitation the Widgets, you are acknowledging and agreeing, and representing and warranting that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Use, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.
Notice to users: The Widgets available on the Mindspark Homepage may include user-generated-content. Mindspark reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any Widget.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue the Services, including, but not limited to (i) restricting the time the Services are available, (ii) restricting the amount of use of the Services permitted (which may vary depending on membership level), and (iii) restricting or terminating any user's right to use the Services, with or without notice; (b) charge fees in connection with the use of all or part of the Services; (c) modify and/or waive any fees charged in connection with the Services; and/or (d) offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any service, content or feature offered through the Services. Your continued use of the Services following the posting of changes to these TOU will constitute your acceptance of such changes
Subject to the above, the terms and conditions set forth herein, and any applicable third party restrictions, Mindspark grants you a revocable, non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Services to (a) incidentally view, print and download the images, text, graphics and other content to the extent made available by Mindspark for such purposes on the Mindspark Homepage or via any Widget, solely for your informational purposes and for your immediate, private, personal and non-commercial use. At all times you must retain all Mindspark or third party copyright and proprietary notices contained in the original materials or any copies thereof. All rights to ownership or use not expressly stated herein are reserved by Mindspark or its third party vendors and Mindspark and its third party vendors hereby disclaim any and all implied licenses.
Pursuant to Mindspark's Privacy Policy, we may disclose to third parties certain information contained in your registration or other data unless you choose to opt out from such disclosures. Please note: opting out may restrict your ability to utilize certain of the Services. We may also disclose such information if we have a good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce these Terms of Use. For more information, please see our full Privacy Policy
To review the End User License Agreement ("EULA") that governs your use of any installed Toolbar, please access the "Help" section of the pull down menu located next to the MyWebSearch icon on the Toolbar. Click on the "Policies" link at the bottom of the "Help" page to access Toolbar-related privacy policies and the EULA.
If on your own, at Mindspark's request, or at the request of any third party Widget provider, you submit content (e.g., postings, responses to surveys, etc.), communications, creative suggestions, ideas, notes, drawings, or other information (collectively, "Submissions"), you hereby grant to Mindspark and its affiliates, and/or the relevant third party Widget provider, a royalty-free, perpetual, irrevocable, sub-licensable, transferable, worldwide license to use, copy, modify, incorporate into other works, display, perform, transmit and distribute such Submissions or any portion thereof, in or through any medium, whether now known or hereafter created. Mindspark, its affiliates and/or the relevant third party Widget provider shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the submitter. None of the Submissions shall be subject to any obligation of confidence on the part of Mindspark, its affiliates and/or the relevant third party Widget provider, and none of the aforementioned parties shall not be liable for any use or disclosure of any Submissions. You represent and warrant that you own the contents of any Submission or otherwise have sufficient rights in the Submission to grant the license(s) set forth above.
You agree to not use the Services (including, without limitation, the Mindspark Homepage or any Widget) to:
The Services, including specific Widgets, may contain advertisements for or links to other World Wide Web sites or resources. These sites and resources are not controlled by Mindspark, and the mere existence of the link on or via the Mindspark Homepage or any Widget does not imply an endorsement by Mindspark. External Web sites and resources are not subject to these Terms and Conditions or the Mindspark Homepage Privacy Policy, and may be subject to other terms and conditions or policies posted therein. Because Mindspark has no control over such sites and resources, you acknowledge and agree that Mindspark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mindspark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any goods or services available on or through any external site or resource. Your use of external sites or resources is at your own risk.
Mindspark and its service providers utilize diligent efforts to maintain the Services, but Mindspark and its service providers are not responsible for any defects or failures associated with the Services, including, without limitation, the email service, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Mindspark and its service providers make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Services, including as to: (i) the accuracy, currency, content, completeness, non-infringement or quality of any such sites and information, or (ii) whether any search using the Services may locate unintended and objectionable content.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. MINDSPARK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE.
WITHOUT LIMITATION, MINDSPARK MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING EMAILS, SUBMISSIONS, CONTENT OR OTHER MATERIALS OR COMMUNICATIONS SENT VIA THE SERVICES, IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM MINDSPARK PERSONNEL OR THROUGH THE SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
MINDSPARK EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY VENDORS, INCLUDING ALL WARRANTIES RELATED TO THE WIDGETS AVAILABLE ON OR VIA THE MINDSPARK HOMEPAGE OR ANY TOOLBAR.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MINDSPARK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MINDSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MINDSPARK HOMEPAGE SITE OR SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES OR OPERATION OF THE MINDSPARK HOMEPAGE OR ANY WIDGET. IN NO EVENT SHALL MINDSPARK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MINDSPARK HOMEPAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE SERVICES, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MINDSPARK, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE MINDSPARK HOMEPAGE OR SERVICES, YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MINDSPARK OF ANY BREACH OF SECURITY KNOWN TO YOU.
You agree that Mindspark, in its sole and absolute discretion, may terminate your use of the Services for any reason, including, without limitation, for lack of use or if Mindspark believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You acknowledge and agree that if Mindspark disables access to your account, you may be prevented from accessing the Services, the Toolbar, the Widgets, your account details or other data which is contained in your account. Mindspark may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Mindspark may bar any further access to the Services. Further, you agree that Mindspark shall not be liable to you or any third-party for any termination of your access to the Services.
The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitations of liability and indemnification shall survive termination.
You acknowledge that the Mindspark Homepage and Services contain information, software or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Mindspark-generated Content and Content provided to Mindspark by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Mindspark owns a copyright in the selection, coordination, arrangement and enhancement of all Content and in the Mindspark Homepage as a whole. Subject to your compliance with the TOU, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with these Terms of Use. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other Web site or networked computer environment is strictly prohibited. You further agree that you will not reproduce, duplicate, copy, sell, reverse-engineer, trade or resell any of the Widgets offered via the Mindspark Homepage.
The Mindspark name and logo are the exclusive property of Mindspark Interactive Network, Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Mindspark respects the intellectual property of others, and we ask our users to do the same. Mindspark may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Mindspark will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mindspark's Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Mindspark's Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Mindspark may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Please contact Mindspark's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:
Mindspark Interactive Network, Inc.By using the Mindspark Homepage and/or related Services, you consent to receive from Mindspark all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Mindspark may provide such electronic Contract Notices by posting them on the Mindspark Homepage. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Mindspark Homepage and Services.
These Terms of Use (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Mindspark Homepage (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over Mindspark or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
These Terms of Use (and any further policies or documents incorporated by reference herein) constitute the entire understanding between Mindspark and users of the Mindspark Homepage and/or related Services concerning the subject matter hereof and may not be modified except by revised Terms of Use posted by Mindspark. These Terms of Use, which may be modified or amended by Mindspark from time to time, in its sole discretion, supersedes all prior understandings and agreements, whether written or verbal with respect to the subject matter hereof. If any of the provisions of these Terms of Use will contravene, or be invalid under, the laws of the particular jurisdiction where performed, such contravention or invalidity will not invalidate the whole agreement, rather these Terms of Use will be construed as if not containing the particular provision or provisions held invalid, and the rights and obligations of the parties will be construed and enforced accordingly. Notwithstanding the foregoing, the TOU does not modify, alter or amend any other specific agreement you have entered or will enter into with Mindspark, including any EULA. To the extent that any provision of the TOU, or any supplemental agreement offered as any part of any registration for or use of additional services on the Mindspark Homepage or via the Services conflicts with any provision of your other agreements with Mindspark, the terms and conditions of this TOU shall take precedence with respect to use of the Mindspark Homepage or Mindspark-provided Services; the terms of the EULA shall take precedence with respect to use of any Toolbar; and the terms of such other agreement shall take precedence with respect to the use of any third party-provided Widgets.
No failure or delay by Mindspark in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, 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.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
These Terms of Use are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. Users may not assign their rights or obligations hereunder without Mindspark's prior written consent.
© 2009 Mindspark Interactive Network, Inc.. All rights reserved.