1. Definitions
1.1. Services
2. General
2.1. Mineler, conducting business as mineler.com, requires that users of its systems be subject to the following terms and conditions of use.
2.2. By accessing and using mineler.com, or by using the web site functionality provided by mineler.com (the "services"), you signify that you have read and you agree to all of these conditions and notices without modification and you agree to the following terms and conditions.
2.3. These terms and conditions constitute the entire agreement between you and Mineler and you agree that any and all prior and contemporaneous agreement relating to your access and use of this or any other Mineler website are superseded.
2.4. If any provision of these terms and conditions is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these terms and conditions, all of which shall remain valid and enforceable.
2.5. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2.6. Any heading, caption or section title contained in this agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
2.7. If you do not agree with any of these conditions, please discontinue access immediately.
3. Ownership
3.1. The mineler.com site is owned and operated by Mineler in conjunction with others pursuant to contractual arrangements, and the materials (and any intellectual property and other rights relating thereto) are and will remain the property of Mineler or its licensors or suppliers.
3.2. Access to and use of mineler.com website and the information and services available are subject to these terms and conditions.
3.3. The mineler.com website contains links to websites also operated by Mineler.
3.4. Your use of each Mineler website is also subject to terms and conditions of use, if any, contained therein.
3.5. If any of the conditions here contradict with the conditions contained in any of these other website operated by Mineler, then the conditions in these other websites operated by Mineler shall prevail when you access or use them.
4. Use of Applications
4.1. Mineler Applications
4.1.1. Your use of the applications created by Mineler is governed by the Mineler terms and conditions of use (including, without limitation, all restrictions on user conduct, disclaimers, limitations of liability and governing law contained therein).
4.2. Third Party Applications
4.2.1. Your use of applications created by a third party is governed by the terms of use and privacy policy of such third party.
4.2.2. By adding third party applications, you understand and acknowledge that certain information may be shared with or collected by the third party application developer or operator of such application.
4.2.3. It is strongly suggested that you consult such third party’s terms of use and privacy policy to decide whether you agree with their terms and privacy practices.
5. Apps Services by Subscription
5.1. The following provisions shall apply where access to the Apps Services is available via a subscription service subscribed on or via the Site (“Apps Subscription Service”):
5.2. Mineler does not guarantee that the said Apps Services will remain available as an Apps Subscription Service. Mineler reserves the right to alter the Apps Subscription Service, the types of content or services offered on or via the App, the subscription period, and the fees for such Apps Subscription Service.
5.3. You agree to pay any subscription fees and other charges for the Apps Subscription Service at the rates in effect when the fees and charges are incurred (“Fees”). In the event of any cancellation or termination of the Apps Subscription Service by you, no further charges will apply, however, all paid fees are non-refundable.
5.4. Unless otherwise indicated, the Apps Subscription Service will automatically renew every month, and you agree to be charged the Fees using the payment method currently associated with your Account, if any.
5.5. In order to subscribe to a chargeable Apps Subscription Service, you must provide us with complete and accurate payment information.
5.6. By submitting credit card and/or other payment details to Mineler you warrant that you are entitled to purchase the Apps Subscription Service using those payment details. In the case of unauthorised payments, Mineler reserves the right to suspend or terminate your access to the Apps Subscription Service. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to the relevant Apps Subscription Service.
5.7. Your application for Apps Subscription Services is subject to our acceptance. Mineler will try to process your subscription promptly but does not guarantee that the Apps Subscription Service will be available to you by any specified time, even if an estimated time is indicated. A contract with you for receipt of the Apps Subscription Service will come into effect only when Mineler sends you an email confirming your subscription.
5.8. Mineler reserves the right to restrict, suspend or terminate your subscription to the App sSubscription Service if you breach any applicable terms and conditions, with or without notice and without further obligation or liability to you.
5.9. Mineler will charge you in United States Dollars and any applicable taxes shall be payable by you.
5.10. You have agreed and consented to allow Mineler to use the personal details and information collected during your Account registration and/or use of the site or services as set out in Mineler’s Privacy Policy.
6. Restrictions on Use
6.1. The materials and the selection, compilation, collection, arrangement and assembly thereof are protected by international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.
6.2. Trademarks, Logos and Service Marks
6.2.1. The trademarks, logos, and service marks displayed on the site such as Mineler, Get Your Life Back!® and Get Your Life Back! ™ among others (collectively the "trademarks") are the registered or unregistered trademarks of Mineler.
6.2.2. The trademarks owned by Mineler, whether registered or unregistered, may not be used in connection with any product or service that is not Mineler's, in any manner that is likely to cause confusion with customers, or in any manner that disparages Mineler.
6.2.3. Misuse of any trademarks is prohibited, and the association will aggressively enforce its intellectual property rights in such trademarks, including via civil and criminal proceedings.
6.3. Materials, Content and Information
6.3.1. You may not copy, reproduce, republish, upload, post, transmit or distribute materials or other content or information available on or through the site in any way without our prior written permission.
6.3.2. The materials may be used solely to the extent necessary for your authorised use of the site, as provided in this agreement or as expressly authorised in writing by Mineler or, if so indicated in writing by Mineler, its licensors or suppliers.
6.3.3. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited.
6.3.4. You acknowledge that you do not acquire any ownership rights by using the site or the materials.
6.4. Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark without the express written permission of the association or the third party owner of any such trademark.
7. Disclaimer of Warranties
7.1. Your use of Mineler websites and applications is at your sole responsibility and risk.
7.2. The site, the materials on the site, any product or service obtained through the site are provided "as is" and without warranties of any kind, either express or implied.
7.3. Mineler expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement and any warranties that may arise from course of dealing, course of performance or usage of trade.
7.4. Mineler further expressly disclaims any warranties regarding the reliability, timeliness, accuracy, completeness, availability and/or performance of any applications or that applications will be free of viruses or other harmful components.
7.5. Mineler and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, or that the site or the server(s) on which the site is hosted are free of viruses or other harmful components.
7.6. You understand and agree that your download, install and/or use of any applications is at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data, including content and data that results from the download, installation or use of any applications.
7.7. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto.
7.8. No opinion, advice or statement of Mineler or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site shall create any warranty.
7.9. You assume all responsibility and risk for your use of the site and your reliance thereon.
7.10. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
7.11. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
8. Release
8.1. You hereby irrevocably release and agree to hold harmless Mineler and its affiliates, and each of their officers, directors, shareholders, employees and representatives, from any and all claims, costs, losses, liabilities and damages of any sort (whether direct, indirect, special, consequential or otherwise, and whether arising in tort (including negligence (whether active, passive or imputed)), contract, warranty, strict liability, reliance or under any other theory, and whether or not Mineler has been advised of the possibility of such damages) arising out of or related to:
8.1.1. your download, installation or use of any applications,
8.1.2. any disputes between you and third party application developers
8.1.3. delivery of any Mineler application information or Mineler public information by Mineler or access to any non-Mineler code information by you to any third party application developer; or
8.1.4. any use by any third party application developer of any Mineler application information, Mineler public application information or non-Mineler code information, whether or not such use is in accordance with the third party application developer agreement.
8.2. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
9. Limitation of Liability
9.1. In no event shall Mineler or any of its affiliates or subsidiaries be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods or services arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of or reliance upon this or any other Mineler website even if Mineler has been advised previously of the possibility of such damages and whether or not such damages arise in contract, tort, under statute, in equity or at law.
9.2. Your sole remedy for dissatisfaction with the site, materials or any
linked site is to stop using the site, materials or linked site, as applicable.
9.3. The sole and exclusive maximum liability to the association for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access the site.
9.4. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Account Registration
10.1. Some areas of the site may require you to be or become a registered user.
10.2. When and if you register, you agree to
10.2.1. provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and
10.2.2. maintain and update your information (including your email address) to keep it accurate, current and complete.
10.3. You acknowledge that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate this agreement and your use of the site.
10.4. As part of the registration process, you will be asked to select a username and password.
10.5. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.
10.6. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the site to any third party.
10.7. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting mineler.com.
10.8. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your account.
11. Code of Conduct
11.1. While using the site or materials, you agree not to:
11.1.1. restrict or inhibit any other visitor, user or member from using the site, including, without limitation, by means of "hacking" or defacing any portion of the site;
11.1.2. use the site or materials for any unlawful purpose;
11.1.3. use the site or materials to engage in any act of fraud, misrepresentation or other unethical behaviour;
11.1.4. express or imply that any statements you make are endorsed by us, without our prior written consent;
11.1.5. transmit
11.1.5.1. any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights;
11.1.5.2. any material, non-public information about companies without the authorisation to do so;
11.1.5.3. any trade secret of any third party; or
11.1.5.4. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
11.1.6. engage in spamming or flooding;
11.1.7. transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
11.1.8. modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the site or materials;
11.1.9. remove any copyright, trademark or other proprietary rights notices contained in the site or materials;
11.1.10. "frame" or "mirror" any part of the site without our prior written authorisation;
11.1.11. link to any page of or content on the site other than the url located at http://www.mineler.com/span>;
11.1.12. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents; or
11.1.13. harvest or collect information about site visitors or users without their express consent.
11.2. While using the site or materials, you agree to comply with all applicable laws, rules and regulations.
12. Submissions, Postings and Feedback
12.1. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, "submissions"), or by posting such submissions to any area of the site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the submissions.
12.2. None of the submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any submissions.
12.3. All feedback given to Mineler including questions, comments, suggestions or the like regarding or in response to the content of this or any other Mineler website shall be deemed to be non-confidential.
12.4. Mineler shall be free to use, for any purpose, any ideas, concepts, techniques or know-how contained in such feedback.
12.5. Mineler shall not be subject to any obligation with respect to such feedback and shall be free to reproduce, use, disclose and distribute to others without limitation.
13. Links
13.1. The site may contain links to other internet web sites, including affiliated web sites which may or may not be owned or operated by Mineler.
13.2. Mineler has not reviewed all of the web sites that are or may be linked to the site, and Mineler has no control over such sites.
13.3. Unless otherwise explicitly stated, Mineler is not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that Mineler offers such links does not indicate any approval or endorsement of any material contained on any linked site.
13.4. Mineler is providing these links to you only as a convenience.
13.5. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.
13.6. Further, it is up to you to take precautions to ensure that whatever links you select (whether from the site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
13.7. Any third party who wishes to establish links to this or any other Mineler website should notify Mineler of its intention in writing prior to doing so.
13.8. Mineler reserves the right to deny permission for any such link without need to assign any reason.
13.9. If permission is given, Mineler is not under any obligation to establish reciprocal links.
14. Jurisdictional Issues
14.1. Those who choose to access the site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14.2. We reserve the right to limit the availability of the site and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
14.3. We also reserve the right in our sole discretion to remove any user of the application without further or special notice.
14.4. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to the contents of this Mineler website, you shall immediately discontinue access or comply with such restrictions (as the case may be).
15. Termination
15.1. This agreement shall remain effective until terminated in accordance with its terms.
15.2. Either party may terminate this agreement immediately upon notice to the other party.
15.3. In addition, we reserve the right to immediately terminate this agreement, and/or your access to and use of the site or any portion thereof, at any time and for any reason, with or without cause.
15.4. Upon termination of this agreement by either party, your right to use the site shall immediately cease, and you shall destroy all materials obtained from the site and all copies thereof, whether made under the terms of this agreement or otherwise.
15.5. You may request for your data to be sent to your contact details as per the Account registration provided by yourself.
16. Modifications
16.1. Mineler may amend, modify, change, add or remove portions of these terms at any time without notice to you by posting a revised version on www.mineler.com or elsewhere on the Mineler website.
16.2. We reserve the right at any time to:
16.2.1. change the terms and conditions of this agreement;
16.2.2. change the site, including eliminating or discontinuing any content on or feature of the site; or
16.2.3. change any fees or charges for use of the site.
16.3. Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the site or electronic mail.
16.4. Please check these application terms periodically for changes.
16.5. Your continued use of the applications after posting of the changes constitutes your binding acceptance of such changes.
16.6. However, if the revised version includes a material change, it will be effective for an existing user on the earlier of
16.6.1. the date you accept it, and
16.6.2. 30 days after the material changes are initially posted to www.mineler.com or elsewhere on the Mineler website.
16.7. The revised version will apply to you immediately if you are a user who registers or first uses the application on or after the posting of the revised version.