1. Welcome to MYND
- License to Use the Website
- Children’s Online Privacy Protection
- Registration / Accounts
- Intellectual Property Rights Restrictions
- User Generated Material
- Privacy and Communications
- Modification or Suspension of the Website and Right to Terminate your use of the Website
- Linked Destinations and Advertising
- Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
- Warranty Disclaimer
- Medical, Nutrition & Fitness Information
- Indemnity and Release
- Limitations on Liability
- Law and Jurisdiction
- Binding Arbitration and Class Action Waiver
- Waiver and Severability
- Entire Agreement
5. License to Use the Website
6. Children’s Online Privacy Protection Act Notification
You should not access the content or services of the Website if you are under the age of 18. No part of the Website is designed to attract anyone under the age of 13. Children are not eligible to use any services provided by us and we ask that children under the age of 13 not submit any personal information to us or visit the Website.
7. Registration / Accounts
By providing MYND your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
8. Intellectual Property Rights
You agree not to use our Website for the following purposes:
- Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
- Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Website or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
- Mirror, frame, screen scrape or deep link to any aspect of the Website or access any Content through technology or means other than those provided or authorized by us;
- Access the Website via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Website, or tamper with, impair, damage, attack, exploit or penetrate the MYND system or network, or otherwise attempt to interfere with or compromise the system integrity or security of MYND or any connected networks, or take any action to impact the proper operation of the Website and any person’s or entity’s use or enjoyment thereof;
- Bypass the measures we may use to prevent or restrict access to or use of the Website, including by hacking into secured or non-public areas of the Website, circumventing any geo-blocking mechanisms or otherwise;
- Use the Website to collect any personally identifiable information, including Account names and e-mail addresses, or use the Website for any commercial solicitation purposes, without our prior express written permission; or
- Attempt to reverse engineer any aspect of the Website or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Website.
10. User Generated Material
With respect to User Generated Material posted by you, you acknowledge and agree that:
- You are not a minor
- The User Generated Content was created by you or you own or control all rights in such User Generated Content, such that you have all the necessary licenses, rights, consents and permissions to publish the User Generated content and to grant the rights herein, including permission from all person(s) appearing in your User Generated Content
- The User Generated Content does not contain any worms, viruses or other code deemed harmful to MYND or MYND’s users
- The User Generate Content is not, in MYND’s reasonable discretion, libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful
By posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non¬exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content globally in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Website.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Website and your interactions with other users.
If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Website and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Website, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Website and from any claims related to the conduct of any other users.
11. Privacy and Communications
CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
MOBILE MESSAGING TERMS
When you provide us with your mobile telephone number, you agree that MYND may send you text messages (including Whatsapp, SMS and MMS) to that mobile telephone number.
You may opt-out of receiving any future text messages from MYND at any time by sending an email to: email@example.com with title “Remove Mobile Number”. Please notify us of any changes to your mobile telephone number by firstname.lastname@example.org with title “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
12. Modification or Suspension of the Website and Right to Terminate Your Use of the Website
Any aspect of the Website may be changed, suspended or discontinued at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Website entirely. From time to time, we may restrict access to some or all of the Website, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Website may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the Website or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
13. Linked Destinations and Advertising
We do not endorse, and MYND expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites.
14. Notice and Procedure for Claims of Copyright or Intellectual Property Infringement
All contents of the Website including but not limited to text, design, graphics, interfaces, copyright by MYND, Inc. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to MYND, or other respective owners that have granted MYND license to use such marks.
If you believe that any content appearing on the Website, including content created and/or displayed by MYND or other material provided through a link, infringes your copyright, you should notify us at email@example.com with “Takedown Request” in the subject line. Please provide a description of the copyrighted work that you claim has been infringed and proof that you are the owner of the copyright material which has been infringed.
You understand that products offered by MYND may contain materials that could be dangerous if handled improperly, and you acknowledge that MYND is not liable for any personal injury or property damage arising from any misuse of any products offered through the Website. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not to use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
16. Warranty Disclaimer
MYND does not warrant or represent that information, products and/or services provided on the Website are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs. Accordingly, the website is provided “as is” and “as available” with no representation or warranty or condition of any kind and your use of the website is entirely at your own risk. MYND and/or its suppliers expressly disclaim any warranty or condition, express or implied, regarding the website, information, software, products services or related graphics, including but not limited to, any implied warranties or conditions of merchantability, satisfactory purpose, fitness for a particular purpose, non-infringement, title, compatibility, security and accuracy, and all warranties that may arise from a course of dealing, course of performance or usage of trade.
MYND does not warrant, endorse, guarantee or assume responsibilty for any information, product or service provided, advertised or offered by a third party through the website or any linked site and MYND will not be a party to or in any way monitor any transaction between you and any linked site. MYND reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of the website and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.
17. Medical, Nutrition and Fitness Information
You acknowledge and agree that all medical, nutrition and fitness information provided on the website, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by MYND or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) a visit, call or consultation with your physician or other medical professionals, or (iii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the website. Information and statements regarding dietary supplements have not been evaluated by the food and drug administration and are not intended to diagnose, treat, cure or prevent any disease. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly.
You should never disregard medical advice or delay in seeking medical advice because of any content presented on or via the website and you should not use the website or any content available through or via the website for diagnosing or treating a health problem. The transmission and receipt of any content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and MYND, its affiliates or any third party.
The website may periodically provide information concerning fitness and athletic activities. You expressly acknowledge and agree that such activities carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by our action, inaction or negligence or by the action, inaction or negligence of others. MYND strongly recommends that you consult with your physician or other healthcare provider before beginning any new fitness program or engaging in any new athletic activities.
18. Indemnity and Release
19. Limitations on Liability
MYND is not liable for the acts, errors, omissions, representations, waranties, breaches or negligence of any third party providers or for any personal injuries, death, property damage or other damage or expenses resulting, directly or indirectly, from third party products and/or services.
Under no circumstances will MYND and/or any of its affiliates, licensors, licensees, successors or assigns be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the website, your data or your account or the information contained therein. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, rule, regulation, legal process or governmental request. You waive and hold harmless MYND and its affiliates, licensors, licensees, successors and assigns from any claims resulting from any action relating to your account or taken as a result of any such disclosure. MYND makes no representation that the website is appropriate or available for use at locations outside of Malaysia.
20. Law and Jurisdiction
21. Binding Arbitration and Class Action Waiver
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at firstname.lastname@example.org with “Arbitration Request” in the subject line.
22. Waiver and Severability
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
25. Entire Agreement