This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Mind Movies. By using or accessing Mind Movies, you agree to this Statement.
PrivacyYour privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use MindMovies to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
Sharing Your Content and InformationYou own all of the content and information you post into MindMovies. In addition:
For content that is covered by intellectual property rights, like photos ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MindMovies ("IP License"). This IP License ends when you delete your IP content.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about MindMovies, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Refunds and CancellationsMind Movies offers a 60 day 100% money back guarantee with all of its products. Refunds are normally processed with in 1-2 business days of your request, unless you have contacted your bank or credit card provider and have made a complaint or initiated a chargeback. Those complaints and chargebacks must be finalized before your refund can be processed, and lengthy delays can occur.
To request a refund or a cancellation of a subscription product, the fastest way to do so is via email by email here. Or alternatively you can call our customer support line at (213) 674-8663
Support hours of operation are Monday to Friday 10am - 6pm (Pacific)
Trial SubscriptionsFrom time to time MindMovies will offer trial subscriptions. Should you accept such an offer, you can cancel at any time during the trial period without charge for that product. If you do not inform MindMovies Support that you wish to cancel your subscription then you will be billed as per the terms.
SafetyWe do our best to keep MindMovies safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on MindMovies.
You will not collect users' content or information, or otherwise access MindMovies, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on MindMovies.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any user.
You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
You will not use MindMovies to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of MindMovies, such as a denial of service attack.
You will not facilitate or encourage any violations of this Statement.
Registration and Account SecurityMindMovies users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
You will not provide any false personal information on MindMovies, or create an account for anyone other than yourself without permission.
You will keep your contact information accurate and up-to-date.
You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
SpammingMindMovies encourages you to use our service as long as you abide by the MindMovies Terms of Service and MindMovies's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that violate the Terms of Service and MindMovies's Universal Spam Policy:
Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through MindMovies computer systems.
Relaying email from a third party's mail servers without the permission of that third party.
Using or causing to be used MindMovies computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
Using "robots" or otherwise harvesting other's email addresses from the MindMovies site for purposes of sending unsolicited or unauthorized material.
Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
Sending unsolicited emails directing people to mind movies.
Protecting Other People's RightsWe respect other people's rights, and expect you to do the same.
You will not post content or take any action on MindMovies that infringes or violates someone else's rights or otherwise violates the law.
We can remove any content or information you post on MindMovies if we believe that it violates this Statement.
If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks (including MindMovies, the Mind Movies and "o" Logos), or any confusingly similar marks, without our written permission.
You will not post anyone's identification documents or sensitive financial information on MindMovies.
PaymentsIf you make a payment on or to MindMovies all sales come with a 30 day guarantee, after that all sales are final.
Official Rules - Live Without Limits Giveaway Extravaganza PackageNO PURCHASE OR CONTRIBUTION NECESSARY TO ENTER OR WIN THIS DRAWING. NON-CONTRIBUTION ENTRIES AND CONTRIBUTION ENTRIES HAVE AN EQUAL CHANCE OF WINNING.
1. HOW TO ENTER: The “Live Without Limits Giveaway Extravaganza Package Drawing (the "Drawing").
Entries by Purchase: Purchasing the Live Without Limits Package automatically enters you in the Drawing.
Mail Entries: You may also enter by sending a typed letter to "Mind Movies Attn: LWL Giveaway" at 417 4th Ave. #201 San Diego, CA, 92101 , must include a request to enter the Drawing, the entrant's first and last name, complete address, e-mail address, age, and telephone number.
You may enter only once during the Entry Period. Limit of one entry per person and per household, regardless of method of entry. Duplicate entries from the same household will be automatically eliminated. Where a dispute arises about who submitted an entry, the entry will be deemed submitted by the head of the household.
The official winners (the "Prize Winners") will be randomly drawn in a public drawing to be held at Mind Movies headquarters in San Diego, California on June 1, 2013 at 9:00 a.m. The above-noted deadline is final. Odds of winning depend on the number of eligible entries received, and are equal regardless of method of entry.
2. ELIGIBILITY: This Drawing is open to any individual who is, (a) as of the beginning of the Entry Period a legal resident of the United States (the "Eligibility Area"); and (b) 18 years of age or older as of the date of entry. Employees, officers, directors and agents and their immediate families (regardless of where they live), or members of the same households (whether related or not) of Mind Movies, and its affiliates and promotion agencies (collectively, the "Drawing Providers") and any other persons involved with this promotion, are not eligible to participate in the Drawing or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. PRIZE: The winners of each Drawing (each, a "Prize Winner") will each be awarded a Prize. The Prize for each respective Drawing is identified below:
1 Prize Winner: Trip To San Diego Flight + Accommodation and a "Day with Natalie Ledwell" Valued at: $10,000
10 Prize Winners: $997 Tuition to the "Ultimate Success Masterclass"
Odds of winning any Prize depend on the number of eligible entries received for each Drawing.
Except where otherwise expressly noted in these Official Rules, the selection of all vendors, prizes, products and services is subject to the Drawing Providers ' sole and absolute discretion. The Prize is nontransferable and nonexchangeable. No substitution or cash redemption of the Prize is permitted except that Mind Movies retains the right to substitute a prize of equal or greater retail value (or at Mind Movies 's election, the cash value of the Prize). Additional restrictions may apply. The Prize may be subject to certain other restrictions and qualifications of the Drawing Providers.
4. PRIZE DRAWING: The Prize Winner, and two (2) alternates, will be selected in a random drawing from all entries received that are eligible for the Drawing. Two Drawings will be conducted, in accordance with the schedule set forth in Section 1 of these Rules.
In the event that the Prize for any Drawing cannot be awarded to the Prize Winner drawn for that particular Drawing, the Prize will be awarded to the first alternate selected in the same Drawing. If the Prize for that Drawing still cannot be awarded to such first alternate, it will be awarded to the second alternate selected in the same Drawing. If the Prize cannot be awarded to such second alternate, it will not be awarded.
The Drawing will be conducted by Mind Movies, whose decisions, along with those of the other Drawing Providers, are final and binding on all aspects of this Drawing. By entering the Drawing, each entrant agrees to be bound by these rules and the decisions of the Drawing Providers. In the event of non-compliance, an alternate Prize Winner may be selected.
5. NOTIFICATION: The Prize Winners for each Drawing will be notified by e-mail, by mail, and/or by telephone within 10 business days of the particular Drawing. Failure of a potential Prize Winner to respond within ten (10) business days from such notification may result in disqualification and the selection of an alternate as the Prize Winner. The Prize Winner will be required to sign Affidavits of Eligibility/ Liability Release and Publicity. If the properly executed Affidavits are not received by the Drawing Providers within five (5) business days from the date of notification or if the notification is returned from the post office as undeliverable, an alternate Prize Winner will be selected. No entrant is a Prize Winner until such Affidavits are validated.
6. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Drawing, each entrant agrees to be bound by these Official Rules and by all decisions of the Drawing Providers (which decisions are final and binding on all matters relating to the Drawing), and to comply with all federal, state and local laws and regulations. The decisions of the Drawing Providers are final on all matters of fact, interpretation, eligibility, procedure and fulfillment. In the event of non-compliance, an alternate Prize Winner may be selected. Entries and other submitted materials become the property of the Drawing Providers and will not be acknowledged or returned. Neither the Drawing Providers nor Internet access providers are responsible for incomplete, late, lost, misdirected or postage-due mail or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, incomprehensible, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Drawing Providers make no warranties, and hereby disclaim any and all warranties, express or implied, concerning the Prize furnished or made available in connection with the Drawing.
Although the Drawing Providers attempt to ensure the integrity of the Drawing, the Drawing Providers are not responsible for the actions of entrants or other individuals in connection with the Drawing, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Drawing. The Drawing Providers are not responsible for injury or damage to entrants ' or to any other person's computer(s), other equipment, or person(s), related to or resulting from participation in the Drawing or downloading materials from or using the Drawing Site. If, for any reason, the Drawing is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, preemption of regular broadcast programming, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Mind Movies, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Drawing, Mind Movies reserves the right in its sole and absolute discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend all or any part of the Drawing, and to select a Prize Winner from among all eligible entries received up to the time of such cancellation, termination, modification, or suspension, as applicable. Proof of mailing or submitting entry will not be deemed receipt of such entry by the Drawing Providers. All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequences thereof, are the sole responsibility of the Prize Winner.
By entering this Drawing, unless prohibited by law, the potential Prize Winner consents to use of his/her name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and the potential Prize Winner may be required to provide a signed release acknowledging such consent. Moreover, by entering this Drawing, unless prohibited by law, the potential Prize Winner agrees to grant to the Drawing Providers, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the Prize Winner 's name, likeness (actual or simulated), voice (actual or simulated), and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Mind Movies in its sole discretion.
7. CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT THE DRAWING SITE THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS DRAWING, ENTRANT (A) FULLY AND UNCONDITIONALLY AGREES TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF THE DRAWING PROVIDERS (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION, DECISIONS REGARDING ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE DRAWING IS TRUE, ACCURATE AND COMPLETE. THE DRAWING PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS DRAWING OR ANY FUTURE DRAWING OR OTHER PROMOTIONS OF THE DRAWING PROVIDERS, ANY INDIVIDUAL IT SUSPECTS TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE DRAWING OR THE DRAWING SITE; TO BE ACTING IN VIOLATION OF THE OFFICIAL RULES OR THE DRAWING SITE'S TERMS OF SERVICE, PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD Mind Movies BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, Mind Movies RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
8. RELEASE AND INDEMNIFICATION: BY ENTERING THE DRAWING, ENTRANTS RELEASE AND HOLD THE DRAWING PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DRAWING OR PARTICIPATION IN ANY DRAWING-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE DRAWING, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
9. LIMITATION OF LIABILITY: IN NO EVENT WILL THE DRAWING PROVIDERS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE DRAWING SITE, THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM THE DRAWING SITE, THE REMOVAL FROM THE DRAWING SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE DRAWING. WITHOUT LIMITING THE FOREGOING, THE DRAWING, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. GOVERNING LAW: The Drawing and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of California (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in California. All applicable federal, state, and local laws and regulations apply.
11. MISCELLANEOUS:
(a) Dates and Deadlines: Because of the unique nature and scope of the Drawing, the Drawing Provider reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Drawing.
(b) Privacy: Information submitted in connection with the Drawing will be treated in accordance with these Official Rules and Mind Movies's Privacy Policy (as may be amended from time to time), provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
(c) Prize Winner: For a list of Prize Winners, send a self-addressed stamped envelope after June 1, 2013 to: Mind Movies Attn: LWL Winners List, Drawing, Mind Movies, 517 4th Ave. #201 San Diego, CA. Requests for Winners List must be received by June 4, 2013.
(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, Mind Movies Attn: LWL Winners List, Drawing, 517 4th Ave. #201 San Diego, CA. Requests for Rules must be received by June 4, 2013.
You agree that your use of MindMovies.com’s services shall be at your sole risk. To the fullest extent permitted by law, MindMovies its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the services and your use thereof.
a. No Warranties. MindMovies.com makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from our services,;
(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
b. Third Party Sites. MindMovies does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
c. Limitation of Liability. In no event shall MindMovies, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from our services;
(iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party;
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not MindMovies is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction;
(vi) You specifically acknowledge that MindMovies shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you;
(vii) MindMovies.com is controlled and offered by MindMovies from its facilities in the United States of America. MindMovies makes no representations that its service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
(viii) Mind Movies is also not responsible for any debit card fees, late fees, default fees, or currency conversion fees or spreads., costs, or damages associated with the user’s banking institution, credit cards, or any other means the user may deploy for payment at its site.
Special Provisions Applicable to Share LinksIf you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use MindMovies's Share Link button so that users can post links or content from your website on MindMovies.
You give us permission to use and allow others to use such links and content on MindMovies.
You will not place a Share Link button on any page containing content that would violate this Statement if posted on MindMovies.
Special Provisions Applicable to Developers/Operators of Applications and WebsitesIf you are a developer or operator of a Platform application or website, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of Platform.
You will not misrepresent your relationship with MindMovies to others.
We can issue a press release describing our relationship with you.
AmendmentsWe can change this Statement at any time without notice.
TerminationIf you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of MindMovies to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
DisputesYou will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or MindMovies exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on MindMovies, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP MINDMOVIES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MINDMOVIES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MINDMOVIES WILL BE SAFE OR SECURE. MINDMOVIES IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MINDMOVIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MINDMOVIES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MINDMOVIES'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United StatesWe strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on MindMovies (such as advertising or payments) or operate a Platform application or website.
DefinitionsBy "MindMovies" we mean the features and services we make available, including through (a) our website at www.MINDMOVIES.com and any other MindMovies branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "us," "we" and "our" we mean MindMovies, Inc., or if you are outside of the United States, MindMovies Ireland Limited.
By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from MindMovies or provide data to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on MindMovies that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from MindMovies or provide to MindMovies through Platform.
By "post" we mean post on MindMovies or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into MindMovies at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us.
OtherThis Statement makes up the entire agreement between the parties regarding MindMovies, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.