Mental Floss Terms of Service
Welcome to the Mental Floss website (the "Website"). This website is owned and operated by Sportority Limited or its affiliated entities ("we", "us" or “Sportority”).
Acceptance of Terms
Access to, and use of this Website and the products and services available through the Website, including the Mental Floss store (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. From time to time, we may restrict access to some parts, or all of this Website. We will not be liable if for any reason this Website is unavailable at any time or for any period.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and We will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial‑of‑service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Mental Floss Store
Our Store, located at store.mentalfloss.com, is a part of the Website and any reference herein to our Website should be construed to include the store as well. By placing an order in our store, you are offering to purchase a product on and subject to the these Terms of Service.
All orders are subject to availability and confirmation of the order price. In order to contract with Sportority you must be over 18 years of age. Sportority retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card, or other payment method (e.g. PayPal account) used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of products and services may fluctuate. All prices advertised are subject to such changes. When you place an order, you will receive an acknowledgement on the website and/or by e‑mail confirming receipt of your order: this message will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation that the goods you ordered have been dispatched to you. Only those goods listed in the confirmation message sent at the time of dispatch will be included in the contract formed.
Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of confirming your order at the correct price, if applicable, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. If an item has become unavailable, for any reason, we shall be entitled, at our full discretion, to cancel the transaction subject to providing you with a full refund. Shipping and Tax costs will be charged in addition. Such additional charges are displayed where applicable and included in the 'Grand Total'. However, the shipping charges shown are only estimates, and may change according to factors outside of our control, such as the shipping provider, the shipping destination and any applicable laws and regulations. Prices do not include any taxes and you are solely responsible for payment of any taxes, customs duties and any other payments required by law in connection with the purchase of products from us. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. For more information regarding shipping and returns, please visit our Shipping and Returns policy.
Upon receiving your order we carry out a standard authorization check on your payment. Your card will be debited upon authorization being received. Any amount of money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation message the amount paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation message.
Intellectual Property, Software and Content
The intellectual property rights in all software, source code, and content, including photographic images, text, drawings, designs, or any other material made available to you on or through this Website and the Services (the "Content") remains the property of Sportority or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Sportority and its licensors. You may store, print and display the Content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the Content or copies thereof supplied to you or which appears on this Website, nor may you use any such Content in connection with any business or commercial enterprise without Sportority's prior written approval.
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Sportority and you should not rely on the existence of such a connection or affiliation. Any third party trademarks or names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Sportority.
Limitation of Liability
The Services and material displayed on this Website are provided without any guarantees, conditions or warranties as to its accuracy, except where such applies with regard to the products sold within it. Unless expressly stated to the contrary to the fullest extent permitted by law, Sportority and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website, the Services, or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Sportority, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website, the Services, or your breach of the Terms of Service.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause, sub‑clause or part thereof can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause or sub‑clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments using our contact us page.
If you breach these conditions and we take no action, we will still be entitled to use any rights and remedies at our disposal under applicable laws, at any time in the future and inaction at a certain time shall not be construed as a waiver of any kind.
Jurisdiction and Governing Law
The Terms of Service shall be governed by the laws of the State of Israel, and the courts of Tel Aviv shall have the sole jurisdiction with regards to any claims and dispute arising from the above Terms of Service.
The Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Sportority.