Mendala.com

Terms and Conditions Agreement

 

1. Introduction.

Welcome to the World of Mendala and thank you for taking the time to review our terms and conditions ("the Agreement") carefully.  By accessing the World of Mendala, which is comprised of web sites accessible through www.Mendala.com,  www.MentantRealm.com and www.FantasmalLibraries.com , among other URLs (collectively referred to as the "World of Mendala" or the "Site") or by otherwise accessing any content, software, products or services available through the World of Mendala, you are deemed to have entered into an agreement with Mr. A.W.G. Coleman ("We," "Us," or "World of Mendala") and to have agreed to be bound by the Terms set out below. The World of Mendala is owned and operated by Mr. A.W.G. Coleman, the author of the "Quest of the Seal Bearers" series of books.

 

2. Binding Nature.

We strongly recommend that, as you read this Agreement, you also access and read the information and related agreements referred to in this document, as they may contain further terms and conditions that apply to you as a World of Mendala user ("User").  If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our services or our Site

 

3. Eligibility

Our Site and services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.  Without limiting the foregoing, our services are not available to children (persons under the age of 18), unless they are using the Site with the authorization and assistance of their parent or guardian. 

 

4. Services General.

Our Site is a venue for fans of the Quest of the Seal Bearers books to interact with other fans, the author, and other writers and artists that are interested in the World of Mendala and Mendalian history.  It is also a place to access and receive information on topics, events, services, and products of interest to fans of the series.  There is no cost to you to enjoy the benefits of our Site and services. 

 

5. Restricted Activities.

You agree to use the Web Site only to view content and participate in the Services as allowed by the World of Mendala.  Users of the Site shall not:

 

·        Upload, post, send or receive any content, or otherwise use the Web Site, in violation of any applicable law or regulation.

·        Upload, post, send or receive any content, or otherwise use the Web Site in a manner or way that infringes, or may infringe, the copyright, trademark, trade secret or other intellectual property rights of others, or that violates the privacy, publicity or other personal rights of others.

·        Upload, post, send or receive any content or information of any kind that is or may be defamatory, obscene, indecent, sexually explicit, threatening, abusive, hateful, harassing or embarrassing to another user or to any other person or entity.

·        Upload, post, send or receive any incomplete, false, inaccurate or misleading information.

·        Send unsolicited e-mail, including promotions and/or advertising of products or services.

·        Attempt to interfere with service to any user, host or network, including, without limitation, by means of uploading, posting or sending any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information, including by overloading, "flooding," "spamming," "mailbombing" or "crashing" it.

·        Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

·        Take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

·        Disclose or share your password, if you have one, with any third party or use your password for any unauthorized or illegal purpose.

·        Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up, any part of the Site.

·        Access any content not intended for your use or to log into a server or account that you are not authorized to access.

·        Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

 

Actions that contravene these prohibitions or that otherwise compromise the security of the Site or the World of Mendala's system or network may result in civil or criminal liability. We will investigate suspected compromises of security, may take any action we deems necessary or appropriate in response to any contravention of these prohibitions or in response to security compromises, and may cooperate with law enforcement authorities in prosecuting users who are involved in such compromises and/or violations.

 

6. Links to Third Party Sites.

There may be links established between the World of Mendala and other sites on the Internet, which are not under the control of, or maintained by, us.  Such links do not necessarily constitute an endorsement by us of those sites.  We undertake no obligation to monitor such sites, and you agree that we are not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

 

7. Breach.

Without limiting other remedies, we may limit your activity, immediately remove your postings and all other material for which we believe, in our sole discretion, you are the source, warn our community of your actions, issue a warning, and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.  We can also terminate this Agreement at any time, with or without cause.

 

8.  Copyright and Intellectual Property.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without either obtaining the prior written consent of the owner of such proprietary rights or acting pursuant to the terms of the License Agreement entered into by providers of Content to the Site. If you believe that material posted on our Site constitutes copyright infringement of your work(s), you may provide our Copyright Agent with the following information:

 

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to us.  In accordance with the Digital Millennium Copyright Act ("DMCA").  We have designated an agent to receive notification of alleged copyright infringement occurring on the Site. Please send all DMCA notices to:

 

                                                Mr. A.W.G. Coleman

                                                201 Carlstone Drive

                                                Highland Springs, VA 23075

 

 

9. The Mentant Realm Community Portal.

The World of Mendala offers a community portal ("Mentant Realm") within the Site that allows users to interact with other users through the posting of messages, art, writings, content and other materials of interest to Site visitors ("Content").  Users of the Site may submit Content for display in the Mentant Realm, although there is no guarantee by World of Mendala that all Content will be included or displayed and World of Mendala reserves the right, but not the obligation, to remove Content for any or no reason without notice.  Users that submit Content for display in the Mentant Realm understand and agree that their postings are subject to use by other Users within the Site for the creation of derivative works, reference in related works, and other purposes and that they will not be paid for their submission.  Such Users also give the World of Mendala the non-exclusive, world-wide, royalty-free right to display the Content on the Site and to grant other Users the right to republish the Content within the Site. 

 

Users agree that they shall not sell or resell Content from the Site, whether individually or compiled with other content; shall not edit or change the Content in any manner other than as allowed under the terms of this Agreement; shall not use the Content in a manner that violates any law or regulation; shall not obscure or disable proper attribution or hyperlink within Content; and shall remove Content promptly upon request from the World of Mendala.

 

10. Fantasmal Libraries

The World of Mendala offers an area within the Site called the Fantasmal Library.  The Fantasmal Library is an area where, subject to our approval that may be withheld for any or no reason in our sole discretion, Users may share their own writings, art, and other types of content concerning Mendalian knowledge, history and information.  We reserve the right to remove any content from the Fantasmal Library at any time.  Contributions to the Fantasmal Library are subject to the Fantasmal Library License, which can be reviewed here and which states, in part, that no payments will be made for submissions to the Fantasmal Library and Users submitting to the area are granting us a perpetual, non-exclusive, royalty-free, worldwide right to republish the material contributed to the Site. By posting content, you expressly grant the right to A.W.G Coleman to republish or sell the content as part of our edited compilations or otherwise. We will provide proper attribution to the author for any content we republish. Users, however, may not sell, re-sell, create derivative works from, or otherwise use the content in the Fantasmal Library without the prior express written permission of the World of Mendala.

 

11. Control Over Changes.

The World of Mendala reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or services, at any time and in its sole and independent discretion.  Any changes will be effective upon the posting of the revisions on the Site.  You are responsible for reviewing the notice and any applicable changes.  Changes to referenced policies and guidelines may be posted without notice to you.  Your continued use of this Site and the services following World of Mendala posting of any changes will constitute your acceptance of such changes or modifications.  If you do not agree to any changes to this Agreement, do not continue to use the Site.

 

12. Privacy.

We only use your information as described in our Privacy Policy.  The World of Mendala may change the Privacy Policy in the future and it will be binding upon you. You should check the Privacy Policy frequently for changes. 

 

13. No Warranty.

WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.  WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.  THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

 

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES OFFERED WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THAT THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY PROVIDERS OR THAT PROVIDERS WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OR DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE WORLD OF MENDALA.  TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES.

 

14. General Release.

BECAUSE THE WORLD OF MENDALA IS, IN PART, A VENUE FOR INTERACTIONS BETWEEN USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREES TO RELEASE THE WORLD OF MENDALA, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS:  "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."  YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY THE WORLD OF  MENDALA.

 

15. Limitation of Liability.

IN NO EVENT SHALL WE, OUR AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE HAVE  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

 

16. Indemnity.

You agree to indemnify and hold us and our agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your violation of any law or the rights of a third party, or any claim or demand alleging such breach or violation.

 

17. Dispute Resolution.

You agree that you will provide us with thirty (30) days' notice of a claim asserted against us. We will then elect within thirty 30 days of receipt of such notice, and also again at our option within ten (10) days of service on us of any legal process initiating an arbitration or litigation, whether to arbitrate the controversy or claim arising out of or relating to this Agreement and/or your use of the Site. Any such arbitration will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Each such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in Henrico County, Virginia, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.  We may elect the remedy of resolving the dispute outside of binding arbitration by declining to initiate or participate in such arbitration. If such an election of remedy is made, either expressly or by failure to elect to proceed with arbitration, and under every other circumstance in which legal action is initiated, the sole and exclusive jurisdiction and venue for a legal action shall be in the state or federal courts located in Henrico County, Virginia, USA.

 

18. Licenses.

The World of Mendala grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement.  This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the services (other than the transactions contemplated in accordance with this Agreement and allowed under any applicable Site License Agreement), making any derivative work of the Site or the services outside of the Site, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever.  You agree that you will not compile, reproduce, republish or resell for any purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site. You also agree that you will not communicate to any other member for any purpose other than for the intended purpose of our site.

 

19. General Provisions. 

This is the entire Agreement.  No delay by either party shall waive rights under this Agreement.  This Agreement is governed by, and to be construed exclusively in accordance with, the laws of the Commonwealth of Virginia, USA, without regard to that state's conflict of laws provisions.  No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties.  If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Mendala in accordance with applicable law and the remainder of the Agreement shall remain in force.  All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing.  The parties to this Agreement are independent entities and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and no party has the right or authority to act for, or on behalf of, the other party.  Headings are for the convenience of reference only and do not alter the rights and obligations of the parties.  No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.  The provisions of this Agreement are not for the benefit of any third party.  Provisions of this Agreement that are intended to survive this Agreement shall survive. 

 

20. Notices.

Except as explicitly stated otherwise, all notices to The World of Mendala shall be given by overnight and postal mail to Mr. A.W. G. Coleman, [insert address] (in the case of the World of Mendala) or to the email address you provide to the World of Mendala during the registration process, if you have registered with the Site (in your case).  Notice shall be deemed given 24 hours after an email is sent to you based upon the email address contained in your registration records, if one exists, whether or not the email address is valid.