Terms of Service
Last Updates: May 26th, 2018.
We (the folks at A New Mind) run a company (A New Mind for I.T Est) and a social business (A New Mind) and would love for you to use it. Our service is free, and we will offer paid plans for advanced features. Our service is designed to give you tools and features that will improve education and research as possible as possible while encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on your content.
If you find any of our websites that you believe violates these Terms of Service, please visit our contact us page and feel free to send us the claim.
(We would like to express our gratitude to Automattic for making the below Terms of Service available under a Creative Commons Sharealike license, feel free to refer to their website WordPress.com)
Terms of Service:
We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, and all countries located in the European continent. If you reside in the “Designated Countries,”. If you reside outside of the “Designated Countries,” for the time being the same agreement apply to all locations and your agreement is with A New Mind for I.T Est, but it is subjected to change.
We refer to ANewMind.org social business and A New Mind for I.T Est. collectively as “A New Mind” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by A New Mind, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services on ANewMind.org may requires an account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your ANewMind.org Account and Websites.If you create or send a content, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with our services. You must immediately notify A New Mind of any unauthorized uses of your services, your account, or any other breaches of security. A New Mind will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.If you post material to ANewMind.org, post links on ANewMind.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using ANewMind.org you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to A New Mind for inclusion on our websites, you grant A New Mind a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license allows A New Mind to make publicly-posted content available to third parties selected by A New Mind so that these third parties can analyse and distribute (but not publicly display) your content through their services. You also give other ANewMind.org users permission to share your Content on other websites and add their own Content to it (aka to resubmit a content with your Content), so long as they use only a portion of your post and they give you credit as the original author by linking back to your content. If you delete Content, A New Mind will use reasonable efforts to remove it from ANewMind.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, A New Mind has the right (though not the obligation) to, in A New Mind’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in A New Mind’s reasonable opinion, violates any A New Mind policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ANewMind.org to any individual or entity for any reason. A New Mind will have no obligation to provide a refund of any amounts previously paid.
Advertisements.A New Mind reserves the right to display advertisements on your Content unless you have purchased a plan that includes the removal of ads.
Prohibited Uses.When using ANewMind.org, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
- Use some of our Features and services for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to those Features and services if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
Cancellation.If you cancel your subscription and/or services to ANewMind.org, we will queue your account Content for deletion.
Tax Calculations.Tax Calculations are provided by TaxJar. You are responsible for all taxes and fees associated with your account activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices. While some Features allow you to include sales taxes or Value Added Taxes in transactions, you should not rely solely on these features. We make our best efforts to keep our content and documents up-to-date, but because the tax law changes rapidly, we cannot guarantee that all the services are completely current. Tax laws differ from jurisdiction to jurisdiction and may be subject to different interpretations by different authorities. We recommend you consult an appropriate tax professional for your specific tax situation.
Shipping Services (Not implemented yet).
- Shipping labels are provided by EasyPost and allow you to take advantage of real-time shipping rates to purchase postage and print shipping labels from certain mailing services, such as USPS and Canada Post. We act only as an intermediary between you and these third parties; we are not involved in any way with your product or its shipment. We also do not warrant that the results you obtain from the use of these services (rates and labels, for example) will be accurate or reliable.
- You are solely responsible for compliance with all applicable rules and regulations, including domestic and international shipping and customs regulations and those of the relevant mailing service. For example, if you use USPS postage, you will need to comply with their shipping restrictions and mailing standards, among others.
- In addition, you are solely responsible for customs charges, import taxes or duties, or any other charges related to your shipments. If any charges are assessed against us as a result of your use of the shipping services, you will reimburse us for the full amount within 7 days.
- You authorize us to charge you for the fees associated with each shipping label you create. Each fee will be charged separately to the payment method you provided in your ANewMind.org account, which you can view and manage as described the Payments support page (to be published ones the features are live). If you have multiple payment methods, you can select which should be used for the shipping label service. If we are unable to collect payment from you for these fees, you will be responsible for payment within 7 days; please contact us to remit payment.
- Refunds for unused shipping labels must be requested in your store’s wp-admin within 30 days of creating the label. Please note that depending on your bank and the third party involved, it may take up to 45 days for your refund to issue. If you haven’t received your refund within this time frame, please contact us.
- You may not transfer or sell postage and/or shipping labels to a third party.
Your Responsibilities.You are solely responsible for all of your activities, including all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your account, processing payments, and selling items. For example, you may not want to accept check payments if you are not comfortable sharing your mailing address with a customer, or you may want to publish payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
2. Responsibility of Visitors.
A New Mind has not reviewed, and cannot review, all of the material, including the ones that is approved ones by the reviewing team, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, A New Mind does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. A New Mind disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Fees, Payment, and Renewal.
Fees.Some of our Services are offered for a fee — such as A Step Towards Science, while other Services may be free with optional paid upgrades and premium features that are can only be used for a fee; all are considered (“Paid Services”). By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Payment.If your payment fails or Paid Services are otherwise not paid for one time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal.To ensure uninterrupted service, some of our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a service in ANewMind.org that includes a yearly plan, you will be charged each year.
Refunds.While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
Fee Changes.We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material made available through the website and webpages to which ANewMind.org links, and that link to ANewMind.org. A New Mind does not have any control over those non-ANewMind.org website, and is not responsible for their contents or their use. By linking to a non- ANewMind.org website, A New Mind does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. A New Mind disclaims any responsibility for any harm resulting from your use of non- ANewMind.org website and webpages.
5. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by A New Mind.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with our website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account.
6. Copyright Infringement and DMCA Policy.
As A New Mind asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ANewMind.org violates your copyright, you are encouraged to notify A New Mind. A New Mind will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. A New Mind will terminate a visitor’s access to and use of you content and access to your account if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of A New Mind or others. In the case of such termination, A New Mind will have no obligation to provide a refund of any amounts previously paid to A New Mind.
7. Intellectual Property.
This Agreement does not transfer from A New Mind to you any A New Mind or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with A New Mind. A New Mind, ANewMind.org, any of our logos, and all other trademarks, service marks, graphics and logos used in connection with ANewMind.org or our Services, are trademarks or registered trademarks of A New Mind or A New Mind’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any A New Mind or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our social media accounts, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
A New Mind may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ANewMind.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
11. Jurisdiction and Applicable Law.
12. Arbitration Agreement.
13. Limitation of Liability.
14. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United Kingdom or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless A New Mind, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between A New Mind and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of A New Mind, or by the posting by A New Mind of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; A New Mind may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.