PLEASE NOTE THAT THESE LISTING TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, AND WE RECOMMEND THAT YOU PRINT OUT A COPY FOR YOUR RECORDS.
1. Mindz Membership and Listings
A Listing is a post specifically designed to promote your idea to the Mindsz community on the Listings section of the Mindsz.com web site.
The Promotional Services include services designed to enhance or better advertise a Listing.
All Listings must be approved by us before they are published. We may refuse to approve any Listing, which may place a hold on your Account.
2. Fees and Billing
Certain Listings require payment to post (a “Paid Listing”), and certain Listings allow you to add paid features to your Listings and better promote them (turning your Listing into a “Promoted Listing”).
We’ll automatically bill you for the fees in the Mindsz Fees Agreement from the date we approve your Paid Listing or Promoted Listing, and on each periodic renewal until cancellation. We’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date.
Unless noted, fees are in US dollars. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your Account.
You authorize us to charge the payment method associated with your Account for all fees for Paid Listings and Promoted Listings and all renewals.
To the extent permitted by law, fees are nonrefundable, even for listings or posts that we remove. Some jurisdictions have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Paid Listings and Promoted Listings will remain in effect until cancelled or terminated under these Terms. You may remove your Listing, Paid Listing, or Promoted Listing at any time, but it may run for several days after you notify us, and you are still responsible for paying for it. If you don’t pay for your Paid or Promoted Listing on time, we reserve the right to remove it or remove Promotional Services to convert it to a free Listing.
A. Payment Methods. We want to make payments to Mindsz convenient, so we allow you to pay for Listings and Promoted Listings using a number of different payment methods.
B. Authority. When you provide a payment method to us, you confirm that you are permitted to use that payment method, and you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information.
C. Authorization. We may obtain a pre-approval from the issuer of certain payment methods for an amount which may be as high as the full price of your purchase. We will bill your payment method at the time you request our approval for a Paid Listing or Promoted Listing, or shortly thereafter. If you cancel a transaction before completion, or we deny approval, this pre-approval may result in those funds not otherwise being immediately available to you.
D. Prepayments. You may have the option to purchase Paid Listings and/or Promotional Listings by prepaying. Amounts prepaid are non-refundable except where required by law. Mindsz is not a bank and does not offer banking services; accordingly, prepaid amounts do not earn interest, are not deposit obligations, and are not insured by the Federal Deposit Insurance Corporation, the Financial Services Compensation Scheme, or any other entity or insurance scheme, whether governmental or private.
E. Nonpayment. If you fund a payment and your transaction results in overdraft or other fees from your bank or issuer, you alone are responsible for those fees. If you purchase a Paid Listing or Promoted Listing and your payment method fails or your Account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
F. At-will use. We may revoke your eligibility to pay for transactions via the Mindsz Online Services at any time at our sole discretion.
G. Inquiries. By making a payment via the Mindsz Online Services you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
H. Our right to cancel. We may cancel any payment transaction made via the Mindsz Online Services if we believe the transaction violates these Listing Terms or for any other reason including fraudulent or illegal behavior.
I. Payment limitations. To prevent financial loss to you or to us, we may place a delay on a payment for a period of time, or limit payment methods for a transaction, or limit your ability to make a purchase, or deactivate your Account.
J. Sharing of information. To prevent financial loss to you or to us, we may contact your payment method’s issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
K. Abandoned Property. If you receive a credit to your Account from us and leave an Account balance unused for the period of time set forth by your state, country, or other governing body in its unclaimed property laws, or if you delete your Account and leave a balance, or if we deactivate your Account and you do not meet any conditions necessary to reinstate it within six (6) months, we may process your balance in accordance with our legal obligations, including by submitting funds associated with your balance to the appropriate governing body as required by law.
L. Outside transactions. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased, we have no liability for the goods or services underlying the transaction. Our only responsibility is to present Listings, Paid Listings, and Promoted Listings.
M. Duty to notify us. If you believe that an unauthorized or otherwise problematic transaction has taken place under your Account, you agree to notify us immediately, so that we may take action to prevent financial loss. Unless you submit the claim to us within 30 days after the charge, you will have waived, to the fullest extent permitted by law, all claims against us arising out of or otherwise related to the transaction.
N. Notice to you. By establishing an Account through the Mindsz Online Services, you agree that we may communicate with you electronically any important information regarding your purchases or your Account. We may also provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within three (3) business days of the time sent.
4. Listing Requirements
• not consist solely of generic terms (e.g., “beer” or “pizza”);
• use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
• not include character symbols, such as excessive punctuation and trademark designations;
• not include superfluous descriptions or unnecessary qualifiers;
• not mislead; and
• not violate someone’s rights.
You are required to remove Listings if requested by us, or we may remove or require you to change any Listing that fails to meet these requirements.
5. Listing Features and Restrictions
A. The first page describing a Listing (the “Cover Page”) is public for all Listings. This means that anyone will be able to see the Cover Page. Cover Pages can’t be deceptive, misleading, or infringe on anyone else’s intellectual property rights.
B. Content posted to other pages of a Listing also will be public and viewable by everyone who can see the listing.
• Listings must not contain false, misleading, fraudulent, or deceptive claims or content.
• Don’t include third party products, brands or links within your Listing’s cover photo or profile picture.
• Listings promoting ideas related to regulated goods or services (including firearms, alcohol, tobacco, or adult products) are only allowed with prior authorization from us when restricted to Members over the age of 18.
• Listings related to ideas that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed with prior authorization from us when restricted to Members over the age of 18.
• Listings must not promote the sale of prescription pharmaceuticals, contain adult content, or promote illegal downloads.
C. If your Listing contains an offer, the following policies apply:
• The offer must be available for a limited time.
• You may only run an offer if you are the merchant for or the manufacturer of the item you are promoting.
• You must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption).
• You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
• You are responsible for ensuring that your offer complies with all applicable laws, rules and regulations.
D. You may not use the Mindsz Online Services to communicate or administer a promotion (ex: a contest or sweepstakes).
6. Collection of Data
If you collect content and information directly from users, you will make it clear that you (and not Mindsz) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.
Don’t use information obtained from a person’s interaction with your call-to-action for any purpose other than to provide the service associated with the call-to-action. If you want to use this information for any other purpose, first obtain a person’s explicit consent.
7. Your Listing Content & Your Permissions
When you use the Mindsz Online Services to create a Listing, you provide us with things like your files, content, messages, contacts and so on (“Your Listing Content”). Your Listing Content is yours. These Terms don’t give us any rights to Your Listing Content except for the limited rights that enable us to offer the Mindz Online Services.
We need your permission to do things like hosting Your Listing Content, backing it up, and sharing it when you ask us to. The Mindsz Online Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Listings. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
The Mindsz Online Services let you share Your Listing Content with others, so please think carefully about what you share.
In addition, the Mindsz Online Services may be discontinued or your Account may be terminated at any time without notice, so please keep a copy of Your Listing Content for yourself. We are not liable for damage to or loss of any of Your Listing Content.
8. Your Responsibilities
You’re responsible for your conduct. Your Listing Content may be protected by others’ intellectual property rights, so please don’t copy, upload, download or share content unless you have the right to do so.
Help us keep you informed and Your Listings protected. Safeguard your Mindsz Online Services Account password, keep your Account information current, and don’t share your account credentials or give others access to your Account. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account.
You’re free to stop using the Listing and Promotional Services at any time. We reserve the right to suspend or terminate your access to the Listing and Promotional Services without notice to you if: (a) you’re in breach of these Listing Terms; or (b) you’re using the Mindsz Online Services in a manner that would cause a real risk of harm or loss to us or other users; or (c) you haven’t accessed your Account for 12 consecutive months.
10. Discontinuation of Services
We may decide to discontinue the Listing and Promotional Services and/or any or all of the Mindsz Online Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll use our best efforts to give you reasonable prior notice so that you can remove Your Listing Content from our systems. If we discontinue any of the Mindsz Online Services in this way before the end of any fixed or minimum term for which you have paid us for Listing or Promotional Services, we’ll refund the portion of the fees you have pre-paid but for which you haven’t received any Listing or Promotional Services.
11. Services “AS IS”
We strive to provide great Listing and Promotional Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, MINDSZ AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE LISTING AND PROMOTIONAL SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
12. LIMITATION OF LIABILITY
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR OUR OR OUR AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE LISTING AND PROMOTIONAL SERVICES. IN PLACES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN PLACES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, MINDSZ, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT MINDSZ OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE LISTING OR PROMOTIONAL SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, MINDSZ, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. MINDSZ AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $100 USD OR 100% OF ANY AMOUNT YOU’VE PAID US FOR PAID LISTINGS OR PROMOTED LISTINGS IN THE PAST 12 MONTHS.
13. Resolving Disputes
14. Governing Law
These Terms will be governed by New York law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
15. Entire Agreement
These Listing Terms constitute the entire agreement between you and Mindsz with respect to the subject matter of these Listing Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Listing Terms. These Listing Terms create no third party beneficiary rights.
16. Waiver, Severability & Assignment
No delay or failure on the part of Mindsz to enforce any part of these Listing Terms will constitute a waiver of any of Mindsz’ rights under these Listing Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Mindsz nor the reliance of any person on Mindsz’ actions will be deemed to constitute a waiver of any part of these Listing Terms. Only a specific, written waiver signed by an authorized representative of Mindsz will have any legal effect whatsoever.
If any provision of these Listing Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions, and the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible.
These Listing Terms and the rights granted hereunder may be assigned by Mindsz but you may not assign them without the prior express written consent of Mindsz, and any such attempt will be void.
We may change these Listing Terms so please check back from time to time. If we make material changes, we will inform you by posting a notice within the Mindsz Online Services. We may also notify you of changes via electronic communication, and we may ask you to affirmatively accept changes at the time you next access or use of the Mindsz Online Services or log in to your Account. By continuing to use the Mindsz Online Services after such notice and/or acceptance, you agree to be bound by these Listing Terms as modified. All changes are effective when we post them and apply to your access and use of the Mindsz Online Services thereafter. Changes to the Dispute Resolution provisions in our Terms do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
18. General Provisions
The headings and captions contained herein are for convenience only. These Listing Terms will inure to the benefit of and will be binding upon each party’s valid successors and assigns.
19. Contact Mindsz
If you have any questions regarding our Listing and Promotional Services, you can contact us by using the Contact form on the Mindsz website http://mindsz.com/contact.
©2017. Mindsz name, design, logos and related marks are registered trademarks of Shelterzoom Corp. All rights reserved.