- ACCEPTANCE OF TERMS
Mindsell reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, Mindsell has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.
- Mindsell’s SERVICE
- ACCOUNT REGISTRATION & RESPONSIBILITIES
The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”). If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.
You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at [email protected]
- provide false or inaccurate Registration Data;
- complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
- post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
- use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any Mindsell user;
- create or submit unwanted email (“Spam”) to any other Mindsell users;
- infringe upon the intellectual property rights of Mindsell , its users or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
- duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.
- DATA STORAGE
Mindsell uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below. These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not Mindsell, store your credit or debit card information in their databases.
We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
- CONTENT AND Users
By accessing the site OR using the service, you acknowledge that Mindsell merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.
The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. Mindsell does not guarantee the accuracy, quality or completeness of the Content.
Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.
NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that Mindsell’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User. You agree that Mindsell shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.
Mindsell does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.