Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend, restrict or discontinue at any time your use of the Site or any of its functions, features, materials, or Content (defined below).
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.
License and User Conduct
KEDI grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms and any rules or guidelines found on the Site. All rights not expressly granted in these Terms are reserved for KEDI.
Your use of the Site pursuant to these Terms and any rules or guidelines found on the Site is limited to (1) accessing the Site; (2) posting materials to the Site; (3) purchasing products and materials through the Site; and (4) interacting with other users of the Site. You may access, download, and print Site materials only as necessary to receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.
You agree that you will comply with these Terms, any applicable Site guidelines, and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; (g) violate any applicable local, state, national, or international law(s); or (h) violate any rules of the Site as posted thereon. You also agree that you will not: (i) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (j) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (k) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.
Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable your access to the Site at anytime without notice and for any reason in our sole discretion. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability, again, in our sole discretion.
You must be 16 or older to access or utilize the Site.
Information You Provide
You agree that all information you provide to us or post on the Site will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide or post it, and that it does not violate any third party’s intellectual property or privacy rights. Any information or materials you provide us via the Site, post to the Site, or otherwise, including feedback, responses to questions, comments, documents, photographs, images, suggestions, or the like will be deemed to be non-confidential and owned exclusively by KEDI. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant KEDI an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that KEDI is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion, including for use in creating derivative works.
Your MineralRightsForum.com Account
If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We 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 anything to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (“User Content”), you are entirely responsible for the content of, and any harm or alleged harm resulting from that User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, an audio file, or computer software. By making User Content available, you represent and warrant that:
- • the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
- • you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
- • the User Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- • the User Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content linking to third-party sites or to boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or misleading recipients as to the source of the material (such as spoofing);
- • the User Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- • your User Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- • your User Content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- • you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by us or otherwise.
Responsibility of Website Visitors
KEDI has not reviewed all of the material, including computer software, posted to the Site, and is not responsible for that material’s content, use or effects. By operating the Site, KEDI does not represent or imply that it endorses the material there posted, or that it believes such material to be true, 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. The Site may contain User Content that is offensive, indecent, or otherwise objectionable, as well as User Content containing technical inaccuracies, typographical mistakes, and other errors. The Site 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. KEDI disclaims any responsibility for any harm resulting from use by visitors of the Site, or from any downloading of User Content by those visitors.
Third Party Sites and Information
Our Site may have links to other websites or it may refer to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that KEDI is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
Payment and Renewal
Optional paid services or upgrades may be available on the Site. When utilizing an optional paid service or upgrade, you agree to pay KEDI the fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a period as indicated. These fees are not refundable.
Unless you notify KEDI five (5) days before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription is subject to automatic renewal and you authorize us to collect the then-applicable fee (as well as any applicable taxes) using any credit card or other payment mechanism you have used with us in the past. Subscriptions can be canceled at any time.
Hosting, Support Services
Optional Support services may be provided by KEDI under the terms and conditions for each such service. By signing up for any Support service you agree to abide by such terms and conditions.
You agree to defend, indemnify, and hold KEDI and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site, the Content, or User Content or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.
The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to KEDI. Your use of the Site does not grant you any rights to the Site or any of the Content.
The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.
All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by KEDI, licensed to KEDI, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of KEDI.
Subject to your compliance with these Terms, KEDI grants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute, or use Content without proper authorization; change or delate any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.
Digital Millennium Copyright Act Notice
KEDI respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing. If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:
• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;
• A description of the copyrighted work that you believe has been infringed;
• The specific location on the Site of this allegedly infringing material;
• Your address, telephone number, and email address and any other pertinent information sufficient to allow KEDI to contact you about the allegation;
• A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and
• 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 are authorized to act on the copyright owner’s behalf.
Notices of claimed copyright infringement should be directed to:
By email: Please add the phrase “COPYRIGHT INFRINGEMENT” in the subject line and send to email@example.com
THE SITE, ITS CONTENT, AND USER CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE, ITS CONTENT, OR USER CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE, ITS CONTENT, OR USER CONTENT.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE, ITS CONTENT, AND USER CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE, ITS CONTENT, OR USER CONTENT.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL KEDI, ITS AFFILIATES, ITS SUBSIDIARIES, ITS RELATED COMPANIES, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISIN GOUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.
Governing Law and Jurisdiction
These Terms and the resolution of any dispute related to these Terms, the Site, the Content, or User Content, will be governed by and construed according to the laws of Texas, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Harris County, Texas.
Failure by KEDI to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by KEDI.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without KEDI’s prior written consent. Any attempt by you to assign or transfer you rights or obligations under these Terms, without such consent, will be null and void and of no effect. KEDI may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
Last modified: May 3, 2021.