Terms & Conditions

Terms of Service:The following terms and conditions (“Terms”) govern all use of the doubleagentcelery.com website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, UnMind Pty Ltd’s Privacy Policy) and procedures that may be published from time to time by UnMind Pty Ltd (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

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 UnMind Pty Ltd, acceptance is expressly limited to these Terms.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to 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.

1.Doubleagentcelery.com.Responsibility of Contributors. If you operate a blog, comment on a blog, post material to doubleagentcelery.com, post links on doubleagentcelery.com, 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 doubleagentcelery.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to UnMind Pty Ltd for inclusion on your website, you grant UnMind Pty Ltd 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 blog. This license allows UnMind Pty Ltd to make publicly-posted content available to third parties selected by UnMind Pty Ltd so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other doubleagentcelery.com.com users permission to share your Content on other websites and add their own Content to it (aka to reblog 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 website.  If you delete Content, UnMind Pty Ltd will use reasonable efforts to remove it from doubleagentcelery.com, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, UnMind Pty Ltd has the right (though not the obligation) to, in UnMind Pty Ltd’s sole discretion,  (i) refuse or remove any content that, in UnMind Pty Ltd’s reasonable opinion, violates any UnMind Pty Ltd policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of doubleagentcelery.com to any individual or entity for any reason. UnMind Pty Ltd will have no obligation to provide a refund of any amounts previously paid.

2. Responsibility of Visitors.UnMind Pty Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, UnMind Pty Ltd 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. UnMind Pty Ltd 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. Content Posted on Other Websites.We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which doubleagentcelery.com links, and that link to doubleagentcelery.com. UnMind Pty Ltd does not have any control over other websites, and is not responsible for their contents or their use. By linking to another website, UnMind Pty Ltd 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. UnMind Pty Ltd disclaims any responsibility for any harm resulting from your use of other websites and webpages.

4. Third Party Services.If you enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site, you understand that:

Third Party Services are not vetted, endorsed, or controlled by UnMind Pty Ltd.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.Some Third Party Services may request or require access to your (yours, your visitors’, or customers’) data. If you grant access, your data will handled in accordance with the Third Party’s privacy policy and practices. We do not have control over how a Third Party Service may use your data. You should carefully review Third Party Services’ data collection, retention, and use policies and practices before enabling Third Party Services.Third Party Services may not work appropriately with your 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.

5. Copyright Infringement and DMCA Policy.As UnMind Pty Ltd 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 doubleagentcelery.com violates your copyright, you are encouraged to notify UnMind Pty Ltd in accordance with UnMind Pty Ltd’s Digital Millennium Copyright Act (“DMCA”) Policy. UnMind Pty Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. UnMind Pty Ltd will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of UnMind Pty Ltd or others. In the case of such termination, UnMind Pty Ltd will have no obligation to provide a refund of any amounts previously paid to UnMind Pty Ltd.

6. Intellectual Property.This Agreement does not transfer from UnMind Pty Ltd to you any UnMind Pty Ltd or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with UnMind Pty Ltd. UnMind Pty Ltd, carolindawitt.com, doubleagentcelery.com, T5T.com, fivetibetans.com logo, and all other trademarks, service marks, graphics and logos used in connection with doubleagentcelery.com or our Services, are trademarks or registered trademarks of UnMind Pty Ltd or UnMind Pty Ltd’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 UnMind Pty Ltd or third-party trademarks.

7. Changes.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 blogs, 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.

8. Termination.UnMind Pty Ltd 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 doubleagentcelery.com 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.

9. Disclaimer of Warranties.Our Services are provided “as is.” UnMind Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither UnMind Pty Ltd nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

10. Jurisdiction and Applicable Law.Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New South Wales, Australia., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, Australia.

11. Arbitration Agreement.Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sydney, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

12. Limitation of Liability.In no event will UnMind Pty Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to UnMind Pty Ltd under this Agreement during the twelve (12) month period prior to the cause of action. UnMind Pty Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty.You represent and warrant that (i) your use of our Services will be in strict accordance with the UnMind Pty Ltd Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia, or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

14. US Economic Sanctions.You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and UnMind Pty Ltd reserves the right to terminate accounts or access of those in the event of a breach of this condition.

15. Indemnification.You agree to indemnify and hold harmless UnMind Pty Ltd, 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.

16. Translation.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.

17. Miscellaneous.This Agreement constitutes the entire agreement between UnMind Pty Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of UnMind Pty Ltd, or by the posting by UnMind Pty Ltd 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; UnMind Pty Ltd 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.

Thanks to https://en.wordpress.com/tos/ for making these Terms of Service available under a Creative Commons Sharealikelicense, allowing us to repurpose it for our own use.