Terms & Conditions
1. GENERAL INFORMATION
1.1 MINDTV PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed on www.mindTV.com (the “Website”), through our applications (the “Apps”) or via other delivery methods to you (the Website and such content, products, services and the Apps are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion of mindTV).
Our contact email address is parents@mindTV.com. All correspondence to mindTV including any questions you may have regarding your use of the Products or these Terms should be sent to this contact email address.
1.2 CHANGES TO TERMS
mindTV reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to our websites. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
All payments are processed through third party provider FastSpring.
By paying the fee you become a member, as which you will receive access to certain sections, features and functions of the Products that are not available to non-members.
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.
2.3 DEVICE REQUIREMENTS
To fully enjoy mindTV via your smartphone or other Device, your Device must satisfy certain system requirements. An internet connection is also required.
2.4 CHANGING FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
2.5 USE OF MINDTV BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
3.1 CANCELLATION BY YOU
You may cancel your membership at any time. Cancellation is effective at the end of the applicable period. Please make any such cancellation by visiting here or emailing parents@mindTV.com.
3.2 CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
Your full satisfaction means a lot to us. If you feel our product has not brought you enough benefit you may request a refund upt to 30 calendar days from your first date of payment, by emailing parents@mindTV.com.
4. PROHIBITED USE OF THE PRODUCTS
A) You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
B) You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
C) By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
D) You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of mindTV.
5. COPYRIGHT AND TRADEMARKS
All materials (including software and content whether downloaded or not) contained in the Products are owned by mindTV (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions against you.
Audio or video content from mindTV not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. mindTV will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
mindTV®, the mindTV logo and all other mindTV product or service marks are trademarks of mindTV AG. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed on the Products is strictly prohibited. mindTV will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS
A) Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at parents@mindTV.com and we will review your complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
B) Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply; please notify us of changes to your Order by emailing parents@mindTV.com.
7.1 PRODUCT DISCLAIMER
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
7.2 MEDICAL DISCLAIMER
mindTV is not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. mindTV makes no claims, representations or guarantees that the Products provide a therapeutic benefit.
Any health information and links on the Products, whether provided by mindTV or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
8. END USER LICENSE
A) For a fee, mindTV grants you a limited, non-exclusive, revocable license to stream, download and make personal non-commercial use of the Products. The Products contain or embody copyrighted material, proprietary material or other intellectual property of mindTV or its licensors. All right, title and ownership in the Products remain with mindTV or its licensors, as applicable. The rights to download and use the Products are licensed to you and are not being sold to you, and you have no rights in them other than to use them in accordance with this License Agreement and our other Terms.
B) You agree that you will not and you will not assist or permit any third party to:
– Copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products in any way, or create derivative works of the Products;
– Use the Products or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
– Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
– Tamper with the Products or circumvent any technology used by mindTV or its licensors to protect any content accessible through the Products;
– Circumvent any territorial restrictions applied to the Products; or
– Use the Products in a way that violates this License Agreement or the other Terms.
C) You may not make the Products available to the public. The Products made available (in whole or in part) are owned by mindTV or its licensors and your use of them must be in accordance with these Terms.
9. GENERAL TERMS AND CONDITIONS
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective and were last updated on May 3rd, 2019.
mindTV AG is located at Baarerstrasse 112 in 6300 Zug, Switzerland