Minetoo

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Terms of Use



1. General Terms

This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you, (“You”) the visitor, advertiser or member of our site, hereinafter referred to as the “site”, and Minetoo Ltd, a limited liability company duly incorporated in the United Kingdom, conducting business on the Internet as “Minetoo.com”, who serves as the owner and operator of this site.

As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, or the purchase or any service or goods, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, purchase a good or service, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not establish a membership, purchase a tool or service, or view or use any aspect of this web site.

Your right and ability to use the tools and services that this site provides is unique to yourself and is not transferable to any third party or entity by you. Any attempt to transfer your right and ability to use the tools and services offered by this Site is void ab initio. Your password and user ID are also not transferable, as is your right to request documentation, data or information relevant to your membership or use of the tools and services offered by our site.

This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

2. Specific Tools and Services

While many of our tools and services are provided at no charge, various other tools and services are provided on a fee basis. You agree to pay for all service and tools that are provided on a fee basis.

You may contact various individuals via our tools without revealing your email address. We caution you to be reserved and careful regarding releasing any of your personal information (name, email address, telephone number, street address and so forth) to any third party or entity via our tools and services.

You may upload Avatars and photos and you may describe yourself on the home page that we provide to you.

Our Party Room™ provides an online location where people who share the same birthday may chat with each other in more or less real time.

We provide a service whereby you may send another person an e-card generated by site specific tools bought using units of Minetoo Money™. Minetoo Money™ are credits that may be purchased via the Paypal system. The price of credits bought through the site will be the price specified on the site at the point of purchase. By approving the the purchase of the Minetoo product or service you authorise Minetoo to charge the designated Paypal account. Minetoo Money™ is not transferable and has no value outside of our system. It is not money in the real world sense of the term, they operate as tokens.The amount of Minetoo Money™ units that may be purchased per Euro, Pound Sterling or US Dollar is posted on our site and subject to change. Minetoo.com may charge fees for the right to use Minetoo Money, or may distribute Minetoo Money without charge if it sees fit. Minetoo Money represent a limited license right governed solely under the terms of this Agreement. Minetoo Money is not redeemable for any sum of money or monetary value from Minetoo at any time. You agree that Minetoo has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, in any general or specific case, and that Minetoo will have no liability to you based on its exercise of such right. Minetoo Money™ may not be redeemed for cash and usage thereof is void where prohibited by law. Paypal is used to facilitate the purchase of Minetoo Money™ in various available amounts.

Although we attempt to provide a very safe environment regarding how members interact with each other via our site, bear in mind that it is your responsibility to engage in safe conduct when you communicate or meet with other members. Be very careful regarding releasing any personal information of any nature to people that you meet via our services and never meet someone in person unless you do so in a safe manner, such as meeting in a public place and having a friend along with you. Conduct reasonable background checks on people you meet prior to meeting or dealing with them. You agree to hold us harmless and indemnify us regarding any loss, injury or damages you sustain regarding people that you meet via our site.

3a. Limited Right of Usage

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You acknowledge and accept that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Minetoo.com and its affiliates or other third parties (including other members).

3b User Submitted Materials

Minetoo.com does not assert any ownership over your Materials . You will continue to retain all ownership rights in such Materials, that you submit, post, or display, and you continue to have the right to use your Materials in any way you choose. subject to the rights granted to us in these Terms, you retain full ownership of all of your Materials and any intellectual property rights or other proprietary rights associated with your Materials. When you post user-generated Materials to the Site, you, or your parents or guardians if under 18, automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), sub license and distribute such user generated Materials for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user generated Materials, and to grant and authorize sublicenses of the foregoing. You may remove Materials you have submitted from the Site at any time. If you choose to remove these user generated Materials, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your Materials.

4. General Rules of Conduct

Site members and visitors may not:

  • Violate the law of any jurisdiction while visiting our site, our clubs, or using any tool or service that we provided.
  • Harass or cyberstalk any user.
  • Conduct any activity that is harmful or detrimental to our site as solely determined by us.
  • Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
  • Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
  • Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
  • Falsely represent your professional or business credentials or professional background.
  • Present yourself as being over 16 when that is not true.
  • Present yourself as being under 16 when that is not true.
  • Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents. You must ensure your Materials posted on or through the Minetoo.com websites do not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through Minetoo.com. You must not falsify the origin or source of software or other material contained in a file or delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded. Offer to sell any goods or services, advertise, or conduct or forward surveys, contests or chain letters.

You must be of adult age in your jurisdiction to use this site or to become a member of this site. If under 18 and over 13 then please obtain a parent or a Guardian’s permission before registering on our website. Parents and Guardians may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides. In addition minors should adhere to the following rules of the site:

  • Never reveal any personal information about yourself or anyone else e.g. surnames, school names, telephone numbers, home addresses, email addresses, instant messenger ids or specific places where you go.
  • Do not ask others for personal information.
  • Please communicate in English on the English language version of this site. No coded languages either please.
  • Do not pretend to be someone you are not.
  • Your username must be suitable and not offensive or rude.
  • Please do not make comments that are nasty, rude or offensive. You know what we mean.
  • If someone posts something that crosses the line and is upsetting to you, please report it to us straightaway.

We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.

Rules that cannot be violated by users or members include the following:

  • Spamming. Any activity generally described as “spamming” by the Internet Community, such as unsolicited emails, irrelevant or commercially based postings for any purpose will result in membership being terminated without prior notice to the member.
  • Racist, intolerant, “hate,” defamatory, “stalking,” invitations to fight, threatening or any post of any nature that we decide, in our sole discretion, as being improper, will result in membership termination without prior notice.

Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated. You understand and agree that you shall receive no refund or exchange for any unused Minetoo Money or any content or data associated with your Account, or for anything else. We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

We have published a privacy policy. The privacy policy is hereby incorporated by reference into this Agreement as if fully set forth herein.

5. Content Regulations

  • a. Third-Party Services. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
  • b. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

6. Disclaimer of Warranty and Limitations

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “WHERE-IS”, “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. SOME NATIONS MAY RESTRICT THE LIMITATION OF WARRANTIES AND THE ISSUANCE OF DISCLAIMERS AND AS SUCH, ALL OR PART OF THE FOREGOING INFORMATION MAY NOT APPLY TO YOU.

7. Copyright and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied or used in such a manner that constitutes copyright infringement, please provide our Copyright Agent the following information:

  • a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • b. A description of the copyrighted work that you claim has been infringed;
  • c. A description of where the material that you claim is infringing is located on the Site;
  • d. Your address, telephone number, and email address;
  • e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • f. 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 authorized to act on the copyright owner’s behalf.

Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

legal@minetoo.com

Address:
Minetoo Limited
27 St James Trading Estate
280 Barton Street
Gloucester
GL1 4JJ
United Kingdom

8. Securities Laws and Regulations

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives and these types of communications are “forward-looking” statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control.

When published on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents should such become relevant now or in the future.

9. Payments

You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. All sales are final.

9b.Painting Apps and Fun Things

When you buy a Painting App or Fun Thing called here in this clause The Materials, you are buying a licence to use The Materials subject to the following three conditions.

(i) The Materials and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. The Minetoo.com website retains ownership of the Materials and all subsequent copies of the Materials, regardless of the form in which the copies may exist. This licence is not a sale of the original Materials or any copies. (ii) Licence restrictions. You may not use, copy, modify or transfer the Materials (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this licence. If you transfer possession of any copy of the Materials to another party except as provided above, your licence is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Materials, except as expressly permitted by the law of this Agreement. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the Materials. (iii) No transfer. The Materials are licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Materials, on a temporary or permanent basis, without the prior written consent of the Licensor.

10. Published Promotional Information and Press Releases

The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us and we accept no responsibility for claims made therein.

11. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

12. Editing, Modification and Deletion of Content on this Site

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site without prior notice to you.

13. Use of Information that You Provide Us

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

14. Waiver of Provisions and Related Information

Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

15. Termination of Service

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account.

16. Automatic Viewing or Usage of this Site

You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

17. Links to Third Party Sites

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

Such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

18. Submissions

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.

19. Limitation of Liability

We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly.

20. Content Issues

We are not responsible for any content provided to you by our site members. We do not screen content provided by our site Members or any third parties or entities and you agree that we do not have any duty to do so prior to such being published on our site. We are not liable for any content that may be obscene, indecent, misleading, fraudulent, racist, intolerant, harmful or otherwise objectionable where such content has been displayed due to the actions of one or more of our users or any third party or entity. We are not responsible for any content provided to our site by members or third parties that may infringe on intellectual property rights, rights of privacy or publicity, or any rights of any nature in any jurisdiction. You agree to hold us harmless regarding any claims arising from your exposure, or the exposure of your family members, loved ones, or computers, to objectionable content and agree to waive any possible liability that we may have regarding content provided to us via members or third parties that violate any intellectual property rights or any other civil law.

You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.

21. Jurisdiction and Arbitration

This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the United Kingdom, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved exclusively via the courts of The United Kingdom. You agree that, in the event of a legal dispute, we may, in our sole discretion, require that you submit your claim to mandatory binding arbitration conducted in the United Kingdom at a location of our selection and that you will submit to arbitration as ordered by any court of the United Kingdom. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

22. Foreign Usage

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United Kingdom.

22b. Where we make use of third party software such as Fotoflexer your use of such software implies you have read, understood and accept the third party Terms and Conditions.

23. General Information

This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.

24. Notice

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

25. Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

We do not warrant that our site, or any of our individual tools or services, will be available 100% of the time. We may temporarily remove various tools or services, and our entire site, for repairs or other reasons without notice to you.

26. Intellectual Property Notices

You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.

All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed, or used by you. The publication of content, including information or materials by us on the Site does not constitute a waiver of any intellectual property right in such information and materials.

27. Contacting Us

inquiries@minetoo.com

Address:
Minetoo Limited
27 St James Trading Estate
280 Barton Street
Gloucester
GL1 4JJ
United Kingdom