1. MINDSTRAIN’S PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on whichwe supply content, products or services listed on www.mindstrain.com (the“Website”), or via other delivery methods to you (the Website and such content,products, services are collectively referred to herein as the “Product” or “Products”, which may be updated from time-to-time at the sole discretion ofMINDstrain).
Please read these terms and conditions, carefully before ordering any Products
from the Website or third party. The terms “MINDstrain,” “us” or “we” refers toMINDstrain ApS, and its wholly owned DK based subsidiary, MINDstrain. The term“Device” refers to the device which is used to access the Products including butnot limited to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use oraccess the Products, you agree to be bound by these Terms and all applicable laws,rules and regulations. You may also be asked to click “I accept” at the appropriateplace prior to your purchase of access to the Products. At such time, if you do not click “I accept”, you may not be able to complete such purchase or gain such access. By using the Products, you indicate that you accept these Terms and that you agree toabide by them. If you do not agree to these Terms, please refrain from using the Products.
Our contact email address is [email protected] All correspondence toMINDstrain including any queries you may have regarding your use of the Productsor these Terms should be sent to this contact email address.
ARBITRATION NOTICE AND CLASS ACTION WAIVER
please note that these terms contain an arbitration clause. except formcertain types of disputes mentioned in the arbitration clause, you and MINDstrain agree that disputes relating to these terms or your use of the products will be resolved by mandatory binding arbitration, and you and MINDstrain waive any right to participatein a class-action lawsuit or class- wide arbitration.
BASIS OF LICENSE
- These Terms and the Order set out the whole agreement between you and us forthe supply of the In order to participate in certain Products, you may berequired to agree to additional terms and conditions; those additional terms are here byincorporated into these Terms. Where such terms are inconsistent with these Terms, theadditional terms shall control.
- Please check that the details in these Terms and on the Order are complete andaccurate before you use or commit yourself to purchase the If you think thatthere is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by anofficer of MINDstrain.
- As part of your use of the products, you affirmatively consent to the processing andstorage of your personal information including the processing and storing of your personalinformation for the purposes of processing payments and tracking individual use of the by using the products, you ack nowledge that you understand and agree that Denmark may not have the same level of protections for your personal information that existin your country of residence, and you non etheless consent to the processing and storage ofyour personal information in Denmark. we will take measures as required to comply with applicable law regarding the transfer, storage and use of certain.
CHANGES TO TERMS
MINDstrain reserves the right to change or update these Terms, or any other of our policies orpractices, at any time, and will notify users by posting such changed or updated Terms on thispage. Any changes or updates will be effective immediately upon posting towww.mindstrain.com. Your continued use of the Products constitutes your agreement toabide by the Terms as changed. Under certain circumstances we may also elect to notify youof changes or updates to our Terms by additional means, such as pop-up or push notificationswithin the Products or email.
2. MEMBERSHIPS AND SUBSCRIPTIONS
BECOMING A MEMBER
- You may sign up as a registered user of the Products free of charge (a “Member”) for 7 days. To become a Member you need to go to the relevant section of the Products,then submit your email address to us, and create a password to be used inconjunction with that email You are responsible for maintaining theconfidentiality of your account and password and for restricting access to your Device.
- By placing an Order through the Products, you warrant that:
You are legally capable of entering into binding contracts; All registration informationyou submit is truthful and accurate; You will maintain the accuracy of suchinformation; and Your use of the Products does not violate any applicable law or regulation.
ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further helpprotect such information. You are responsible for updating your User Information.
USE OF MINDstrain BY MINORS
You must be 18 years of age, or the age of majority in your province, territory orcountry, to sign up as a registered user of the Products. Individuals under the age of18, or the applicable age of majority, may utilize the Products only with theinvolvement and consent of a parent or legal guardian, under such person’s accountand otherwise subject to these Terms.
As a MINDstrain Member you will receive access to certain sections, features andfunctions of the Products that are not available to non-members.
By agreeing to become a Member you opt-in to receiving occasional special offer,marketing, survey and Product based communication emails. You can easilyunsubscribe from MINDstrain commercial emails by following the opt-outinstruction in these emails. MINDstrain memberships and subscriptions are nottransferable and therefore cannot be sold or exchanged or transferred in any waywhatsoever.
- MINDstrain account holders may access the Products in two ways:
“Basics” Free Trial: a free-of-charge program, which gives unlimited access to 7days of our “Free trial modules.”
Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the Free Trial modules. You will only have accessto the Subscription Program while your subscription is active and
subsisting. You may have access to a free trial period of the SubscriptionProgram in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to theSubscription Program by purchasing a subscription to the Products from the
Website, or through a bundle with one or more of our bundle subscription partners. Pleasenote that if you purchase a subscription through the website or other providers, thesale is final, and we will not provide a refund. If you purchase through one or more of ourbundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscriptionmay be administered by them.
- MINDstrain offers monthly and annual options. For the purposes of our monthly andyearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365calendar
- Our “Monthly” subscription is paid in monthly For each month that your monthly subscription is active, you acknowledge and agree that MINDstrain isauthorized to charge the same credit card as was used for the initial subscription feeor other payment method as set forth in section 2.5(h) (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Methodyou provided, automatically until cancelled. You must cancel your subscription
before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
- When you subscribe monthly, you subscribe for at least 3
- Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual You acknowledge and agree that MINDstrain is
authorized to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase, and the non-discounted renewalsubscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. In order to avoide billing after the free trial, you must cancel your membership within 7 days from the beginning of the Free trial period.Refunds cannot be claimed for any partialsubscription period.
- You agree to promptly notify MINDstrain of any changes to the Payment Methodyou provided while any subscriptions remain You are responsible for allapplicable fees and charges incurred, including applicable taxes, and all subscriptionspurchased by you.
- In the course of your use of the Products, MINDstrain and its third party paymentservice provider may receive and implement updated credit card information from yourcredit card issuer in order to prevent your subscription from being interrupted by anoutdated or invalid This disbursement of the updated credit card information is provided to MINDstrain and MINDstrain’s third party payment serviceprovider at the sole election of your credit card issuer. Your credit card issuer maygive you the right to opt-out of the update service. Should you desire to do so, pleasecontact your credit card issuer.
Our obligation to provide the Products only comes into being when we take receipt ofyour Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased.Please quote your name and email adress in all subsequent correspondence with us. Prices are in Euros, DKK and US dollars include local taxes. You agree not to hold usresponsible for banking charges
incurred due to payments on your account. If payment is not received by us fromthe Payment Method you provided, you agree to pay all amounts due upon demandby us. You agree that you are not permitted to resell any Products purchased throughMINDstrain for commercial purposes.
To enjoy MINDstrain via your smartphone or other Device, your Device must satisfy certain system requirements.
CORPORATE AND OTHER CONSUMER COMMUNITIES
While MINDstrain is both a consumer and business products company, there isinterest by large consumer communities (corporations, universities, hospitals, etc.)(“Communities”) to introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms andconditions. In such event, these Community terms and conditions shall also apply toyour use of the Products. In the event of any conflict with such additional terms andthese Terms, these Terms shall prevail.
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 maydetermine in our sole and absolute discretion. Except as otherwise expresslyprovided for in these Terms, any price changes or changes to your subscriptionplan will take effect following notice to you.
3. CANCELLATION OF SERVICES
CANCELLATION BY YOU
You may cancel a Monthly subscription at any time. Cancellation is effective at the end ofthe applicable monthly period. Please make any such cancellation by visiting you profile.
You may cancel a Yearly subscription at any time. Cancellation is effective at the endof the applicable yearly period. Please make any such cancellation by visiting your profile.
CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud orbreach of any obligation under these Terms. Such termination or suspension may beimmediate 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.
PROMOTION AND DISCOUNT CODES
Any promotion code or offer (including the Special Discount Pricing Options) providedby us may not be used in conjunction with any other promotion code or offer, pastor present. Introductory offers are only available to new users of the Products, exceptwhere expressly stated otherwise. Previous users or trial users of the Products do notqualify as new users. No promotion code or discount will apply to corporate or otherCommunity subscriptions. Unless otherwise set forth in the terms of any promotion,all pricing promotions or discounts will apply to the initial period of the subscription,and any renewals will be charged at the non-discounted rate for the type ofsubscription purchased.
4. PROHIBITED USE OF THE PRODUCTS
- You agree not to upload, post, email or otherwise send or transmit or introduceany material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality ofany computer software or hardware or equipment linked directly or indirectly with theProducts or the Products themselves. You agree not to interfere with the servers ornetworks 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 accessthe Products in an unauthorized manner.
- You agree not to impersonate any other person while using the Products, conductyourself in an offensive manner while using the Products, or use the Products for anyillegal, immoral or harmful
- By breaching the provisions of this section 4, you may commit a criminal offenseunder applicable We may report any such breach to the relevant lawenforcement authorities and we may cooperate with those authorities by disclosingyour identity to them. In the event of such a breach, your right to use the Productswill cease immediately.
- 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
5. MATERIALS OFFERED THROUGH THE PRODUCTS
- All materials (including software and content whether downloaded or not) contained in theProducts are owned by MINDstrain (or our affiliates and/or third party licensors, where applicable), unless indicated You agree and acknowledge that the materials arevaluable property and that other than any specific and limited license for use of suchmaterials, 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 andconditions provided to you without our prior written permission.
- You acknowledge and agree that certain materials on or in the Products are theproperty of thirdparty licensors and, without prejudice to any and all other rightsand remedies available, each such licensor has the right to directly enforce relevantprovisions of section 12 against
- Audio or video content from MINDstrain not explicitly indicated as downloadablemay not be downloaded or copied from the Products or any Device.
- The Products are not intended for your commercial Commercialadvertisements, affiliate links, and other forms of solicitation may be removed by uswithout notice and may result in termination of privileges. You must not use anypart of the materials used in or on the Products for commercial purposes withoutobtaining a written license to do so from us. Material from the Products may not becopied or distributed, or republished, or transmitted in any way, without our priorwritten consent. Any unauthorized use or violation of these Terms immediately andautomatically terminates your right to use the Products and may subject you to legalliability. You agree not to use the Products for illegal purposes (including, withoutlimitation, 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 betaken for any illegal or unauthorized use of the Products.
- A limited amount of content may be marked and authorized for the user to sharein their personal social channels (Facebook, Twitter, ). With respect to content madeavailable by MINDstrain through the Products that is specifically identified as available fordistribution by you (“Distribution Content”) as part of your blog or other onlinecommentary, analysis or review (“User Commentary”), MINDstrain grants you a limitedright to download, reproduce and distribute Distribution Content over the internet aspart of your User Commentary. You may also modify such Distribution Content butonly as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a changein video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of DistributionContent may also be subject to other terms and conditions that are set forth in thedescription of such content in the Products, such as display and distribution ofDistribution Content only within specified usage dates. You agree not to publish theDistribution Content with other content that is known by you to be false, inaccurate, ormisleading or that is, or that encourages activity or conduct that is, unlawful, harmful,threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic,libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwiseobjectionable. Distribution Content may contain trackers that enable us to collectinformation with respect to the distribution and consumption of such content.
- 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 If you make other use of the Products, or thecontent, code, data or materials thereon, except as otherwise provided above, youmay violate copyright and other laws of Denmark, other countries, as well as applicablestate laws and may be subject to liability for such unauthorized use.
MINDstrain will enforce its intellectual property rights to the fullest extent of the law,including the seeking of criminal prosecution.
MINDstrain®, the MINDstrain logo and all other MINDstrain product or service marks aretrademarks of MINDstrain. All intellectual property, other trademarks, logos, images,product and company names displayed or referred to on or in the Products are the propertyof their respective owners. Nothing grants you any license or right to use, alter or removeor copy such material. Your misuse of the trademarks displayed on the Products is
strictly prohibited. MINDstrain will enforce its trademark rights to the fullest extent of thelaw, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS
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 Productswill be fault free. If a fault occurs in the Products, please report it to us at[email protected] we will review your complaint and, where we determine it isappropriate to do so, correct the fault. If the need arises, we may suspend access tothe Products while we address the fault. We will not be liable to you if the Productsare unavailable for a commercially reasonable period of time.
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 areunavailable, our usual Order and cancellation deadlines apply; please notify us ofchanges to your Order by emailing [email protected]
- The Products may let you submit material to us: for example, you may be able toupload a photo to your profile, post subjects and comments in the community andcomment on various matters in various parts of the You may be able toupload video, images or sounds. In these Terms, we use the term “User Material” torefer to any publicly available material of any kind that you submit to us, includingtext, files, images, photos, video, sounds and musical or literary works. User Materialdoes not include the account information, Product purchase, or Product useinformation which you provide in registering for and using Products.
- This section 7 sets out the rights and obligations that each of us have in
connection with User Material. If you review or submit User Material, you areagreeing to do so in accordance with these Terms. If you do not want to review or submitUser Material in accordance with these Terms, then you should not do so.
- We do not systematically review User Material submitted by you or other We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
- We reserve the right, in our sole discretion, to refuse to post or to remove or editany of your User Material, or to restrict, suspend, or terminate your access to all orany part of the Products, particularly where User Material breaches this section 7,and we may do this with or without giving you any prior
- We may link User Material or parts of User Material to other material, includingmaterial submitted by other users or created by MINDstrain or other third Wemay use User Material for our internal business purposes, for example, to examinetrends or categories or to promote, market or advertise MINDstrain. You acknowledge that we may indirectly commercially benefit from use of your User Material.
- Each time you submit User Material to us, you represent and warrant to us asfollows:
- You own your User Material or have the right to submit it, and in submitting ityou will not be infringing any rights of any third party, including intellectualproperty rights (such as copyright or trade mark), privacy or publicity rights,rights of confidentiality or rights under
- Your User Material is not illegal, obscene, defamatory, threatening,pornographic, harassing, hateful, racially or ethnically offensive, and does notencourage conduct that would be considered a criminal offense, and does notgive rise to civil liability, violate any law, or is otherwise deemed
- Your User Material does not advertise any product or service or solicit any
- Your User Material does not identify any individual (including by way or name,address or a still picture or video) under the age of 18 and if User Materialidentifies any individual over the age of 18, you have that person’s consent tobeing identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect email addresses of users for the purpose of sendingunsolicited
- You will not engage in criminal or tortious activity, including fraud, spamming,spimming, sending of viruses or other harmful files, copyright infringement, patentinfringement, or theft of trade secrets or attempt to impersonate another user or
- You will not engage in any automated use of the system, such as using scriptsto alter our
- You will not, without authorization, access, tamper with, or use non-publicareas of the Products, MINDstrain’s computer systems, or the technical deliverysystems of MINDstrain’s Except as necessary to maintain your own computer security by use ofcommercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any otherMINDstrain system or network or breach any security or authentication measures.
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
User Material is not considered to be confidential. You agree not to submit anycontent as User Material in which you have any expectation of privacy. We do not
claim any ownership rights in User Material. However, by submitting User Material youhereby grant MINDstrain an irrevocable, perpetual, non-exclusive, royalty free,worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwiseexploit the User Material you post on the Products, or any portion thereof, and anyideas, concepts, or know how contained therein, with or without attribution, andwithout the requirement of any permission from or payment to you or to any otherperson or entity, in any manner (including, without limitation, for commercial,
publicity, trade, promotional, or advertising purposes) and in any and all media nowknown or hereafter devised, and to prepare derivative works of, or incorporate into otherworks, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any thirdparty. MINDstrain may include your User Material in MINDstrain’s Distribution Contentthat is made available to others through the Products. Be aware that MINDstrain hasno control over User Material once it leaves the Products, and it
is possible that others may duplicate material found on the Products, including, butnot limited to, on other sites on the Internet. You represent and warrant that you own orotherwise control the rights to your User Material. You agree to indemnify MINDstrainand its affiliates for all claims arising from or in connection with any
claims to any rights in your User Material or any damages arising from your UserMaterial.
Any inquiries, feedback, suggestions, ideas, other information which is not part of youruse of the Products or User Material that you provide to us (collectively, “Submissions”)will be treated as non-proprietary and non-confidential. By transmitting, uploading,posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to MINDstrain anirrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast,copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained therein, with orwithout attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, forcommercial, publicity, trade, promotional, or advertising purposes) and in any and allmedia now known or hereafter devised, and
to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledgethat your Submissions will not be returned to you and that MINDstrain has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise controlthe rights to your Submission. You agree to indemnify MINDstrain and its affiliates for allclaims arising from or in connection with any claims to any rights in any Submission orany damages arising from any Submission.
7. LINKS TO WEBSITES/HOME PAGE
- We may provide links to other websites or services for you to Youacknowledge that any access is at your sole discretion and for your information only.We do not review or endorse any of those websites or services. We are notresponsible in any way for:(a) the availability of, (b) the privacy practices of, (c) the
content, advertising, products, goods or other materials or resources on or availablefrom, or (d) the use to which others make of these other websites or services. We arealso not responsible for any damage, loss or offense caused or alleged to be causedby, or in connection with, the use of or reliance on such websites or services.
- You may link to our home page, provided you do so in a way that is fair and legaland does not damage our reputation or take advantage of it, but you must notestablish a link in such a way as to suggest any form of association, approval orendorsement on our part where none You must not establish a link fromany website that is not owned by you. The Products must not be framed on anyother
website, nor may you create a link to any part of the Products unless you havewritten permission to do so from MINDstrain. We reserve the right to withdraw linkingpermission with written notice. The website from which you are linking must complyin all respects with the content standards set out in our acceptable use policy. If youwish to make any use of material on or in the Products other than that set outabove, please address your request to [email protected]
8. PRODUCTS 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 Productsor the information contained on the Products for any purpose. Any reliance you placeon such information is therefore strictly at your own risk.
9. MEDICAL DISCLAIMER
- MINDstrain is a provider of online and mobile products content in the health &wellness space. We are not a health care or medical device provider, nor should ourProducts be considered medical Only your physician or other health careprovider can do that. While there is third party evidence from research that theMINDstrain method can assist in the prevention and recovery process for a widearray of conditions as well as in improving some performance and resilience issues,MINDstrain makes no claims, representations or guarantees that the Productsprovide a therapeutic benefit.
- Any health information and links on the Products, whether provided by MINDstrainor by contract from outside providers, is provided simply for your
- Any advice or other materials in the Products are intended for generalinformation purposes They are not intended to be relied upon and are not asubstitute for professional medical advice based on your individual condition andcircumstances. The advice and other materials we make available are intended tosupport 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 toldabout such advice or other materials as you assume full responsibility for your decisionsand actions. In particular, to the fullest extent permitted by law, we make norepresentation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
- People with existing mental health conditions should speak with their health care
10. END USER LICENSE
- Subject to the terms of this license agreement (“License Agreement”), as set outin this section 11, and these other Terms, and your payment of applicablesubscription fees, MINDstrain grants you a limited, non-exclusive, revocable licenseto stream, download and make personal non-commercial use of the
- The Products contain or embody copyrighted material, proprietary material or
other intellectual property of MINDstrain or its licensors. All right, title and ownership inthe Products remain with MINDstrain or its licensors, as applicable. The rights todownload 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 LicenseAgreement and our other Terms.
- 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 ofthe Products;
- Use the Products or any part of them to create any tool or software productthat can be used to create software applications of any nature whatsoever;
- Rent, lease, loan, make available to the public, sell or distribute the Productsin whole or in part;
- Tamper with the Products or circumvent any technology used by MINDstrainor 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
- You may not make the Products available to the The Products made
available (in whole or in part) are owned by MINDstrain or its licensors and your use ofthem must be in accordance with these Terms.
11. DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
- We are committed to complying with copyright and related laws, and we require allusers of the Products to comply with these Accordingly, you may not store anymaterial or content on, or disseminate any material or content over, the Products inany manner that constitutes an infringement of third party intellectual property rights,including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may takeadvantage of certain provisions of the USDigital Millennium Copyright Actof 1998 (the“DMCA”) to report alleged infringements. You may not post, modify, distribute, orreproduce in any way any copyrighted material, trademarks, or other proprietaryinformation belonging to others without obtaining the prior written consent of theowner of such proprietary rights. It is our policy to terminate privileges of any user whorepeatedly infringes the copyright rights of others upon receipt of proper notificationto us by the copyright owner or the copyright owner’s legal agent.
- If you feel that a posted message is objectionable or infringing, we encourageyou to contact us immediately. Upon our receipt of a proper notice of claimedinfringement under the DMCA, we will respond expeditiously to remove, or disableaccess to, the material claimed to be infringing and will follow the procedures specifiedin the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed
- If you believe that your work has been copied and posted on the Products in away that constitutes copyright infringement, please provide our designated agent withthe following information:
- An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that youclaim has been infringed;
- A description of where the material that you claim is infringing is located onthe Products;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use isnot authorized by the copyright or intellectual property owner, its agent, or thelaw; and
- A statement by you, made under penalty of perjury, that the information containedin your report is accurate and that you are the copyright or intellectual propertyowner or authorized to act on the copyright or intellectual property owner’s
- Our designated agent for notice of claims of copyright infringement can bereached as follows:
By Mail: MINDstrain, ApS. [email protected]
12. GENERAL TERMS AND CONDITIONS
- ASSIGNMENT BY US
MINDstrain may transfer its rights and obligations under these Terms to any company,firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Termsare personal to you and no third party is entitled to benefit under these Terms exceptas set out here.
13.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold MINDstrain and its directors, officers,members, investors, managers, employees and agents harmless from any and allclaims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising inany way from your use of the Products, your placement or transmission of any
message, content, information, software, or other submissions through the Products,or your breach or violation of the law or of these Terms. MINDstrain reserves theright, at its own expense, to assume the exclusive defense and control of any matterotherwise subject to indemnification by you, and in such case, you agree to cooperatewith MINDstrain defense of such claim.
13.3 WARRANTIES AND LIMITATIONS
We warrant to you that any Product purchased from us will, on delivery, conform in allmaterial respects with its description and be of reasonably satisfactory quality.
We warrant that we will use reasonable skill and care in making the Productsavailable to you during your subscription.
Nothing in this sections 13.3 or otherwise in these Terms shall exclude or in anyway limit MINDstrain’s liability for: fraud; death or personal injury caused bynegligence; or liability to the extent the same may not be excluded or limited asa matter of law.
The Products and their content are otherwise provided on an “as is” basis and wemake no representations or warranties of any kind with respect to them, including asto the accuracy, completeness or currency of the Products or their content. We assume no liability or responsibility for any errors or omissions in the content of the Products, orany failures, delays, or interruptions in the provision of the Products. We disclaim andexclude any express or implied warranties or representations, including any warrantiesas to merchantability or fitness for a particular purpose of the Products to thebroadest extent permitted by law. We make no warranties or representations, express orimplied, as to the timeliness, accuracy, quality, completeness or existence of thecontent and information posted on the Products.
We make no warranties or representations, express or implied, for technical
accessibility, fitness or flawlessness of the Products. We make no warranties orrepresentations that your use of content and information posted on the Products willnot infringe rights of third parties.
All conditions, warranties and other terms which might otherwise be implied bystatute, common law or the law of equity are, to the extent permitted by law,excluded.
13.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us underthese Terms, such delay or failure does not constitute a waiver of that right or anyother rights under these Terms.
13.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure,of the Products, or for any failure or delay by us to comply with these Terms, wheresuch lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: any phrase introduced by thewords “including”, “include”, “in particular”, “for example” or any similarexpression shall be construed as illustrative only and shall not be construed aslimiting the generality of any preceding words; and references to the singular includethe plural and to the masculine include the feminine, and in each case vice versa.
13.7 ELECTRONIC COMMUNICATIONS
Applicable laws require that some of the information or communications we send
to you should be in writing. When using the Products, you agree to transact with uselectronically, and that communication with us will be mainly electronic. We will
contact you by e-mail or provide you with information by posting notices on theProducts. You agree to this electronic means of communication and youacknowledge that all contracts, notices, information and other communications that
we provide to you electronically comply with any legal requirement that suchcommunications be in writing.
In order to retain a copy, please select “Print,” and select the appropriateprinter. If you do not have a printer, you can copy the text and the underlyingagreement(s) and paste them into a new document in a word processor or a text editoron your computer and save the text.
You have the right to receive a paper copy of the communications. To receive apaper copy, please request it by emailing us at [email protected]
We may charge you a reasonable service charge to mail you a paper copy of anycommunication. We will either include such service charge on our fee schedule or wewill first inform you of the charge and provide you with the choice as to whether youstill want us to send you a paper copy. Please be sure to state that you are requesting
a copy of the particular communication.
You can also contact us via email at [email protected] to withdraw your
consent to receive any future communications electronically, including if the systemrequirements described above change and you no longer possess the requiredsystem. If you withdraw your consent, we may terminate your use of the Products.
We reserve the right, in our sole discretion, to discontinue the provision of yourelectronic communications, or to terminate or change the terms and conditions onwhich we provide electronic communications. We will provide you with notice of anysuch termination or change as required by law.
Unless otherwise specifically indicated, all notices given by you to us must be given toMINDstrain at [email protected] We may give notice to you at the e-mail addressyou provide to us when you register, or in any of the ways specified in section 13.7above. Notice will be deemed received and properly served immediately when postedon the Products or when an e-mail or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
14. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the wholeagreement between us and supersede all previous discussions, correspondence,negotiations, previous arrangement, understanding or agreement between usrelating to their subject matter. We each acknowledge that neither of us relies on, orwill have any remedies in respect of, any representation or warranty (whether madeinnocently or negligently) that is not set out in these Terms or the documents
referred to in them. Each of us agrees that our only liability in respect of thoserepresentations and warranties that are set out in this agreement (whether madeinnocently or negligently) will be for breach of contract. Nothing in this section limits orexcludes any liability for fraud.
15. THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to section 12 (DMCA), have
any rights under or in connection with these Terms.
15.1 OUR LIABILITY
We will use reasonable endeavors to remedy faults in the Products. If we fail tocomply with these Terms, we will be liable to you only for the purchase price of the
Products in question. In addition, we will not be liable for:
Faulty operation of computers during the registration process or during completionof a subscription or during the transmission of any data and/or for incorrect oroverly slow transmission of data by the internet provider and/or any damage thatoccurs due to information submitted by you not being received by us or notbeing received promptly or not being considered, as a consequence of technicalfaults with our software or hardware (whether or not they are within or outside ofour control).
Any loss or damage due to viruses or other malicious software that may infect yourDevice, computer equipment, software, data or other property caused by youaccessing, using or downloading from the Products, or from transmissions viaemails or attachments received from us.
Any use of websites linked to the Products but operated by third parties.
To the extent permitted by law, MINDstrain and its affiliates, suppliers, clients, orlicensors (collectively, the “Protected Entities”) shall not be liable for any consequential,exemplary or punitive damages arising from, or directly or indirectly related to, the useof, or the inability to use, the Products or the content, materials and functions relatedthereto, your provision of information via the Products, or lost business or lost sales, or any errors, viruses or bugs contained in the Products, even if such Protected Entity has beenadvised of the possibility of such damages. In no
event shall the Protected Entities be liable for or in connection with any contentposted, transmitted, exchanged or received by or on behalf of any user or otherperson on or through the Products. In no event shall the total aggregate liability of
the Protected Entities to you for all damages, losses, and causes of action (whether
if any, paid by you to MINDstrain for your use of the Products.
16. EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in acourt, both you and MINDstrain agree that all claims and disputes arising out of or
relating to the Terms or the use of the Products will be litigated exclusively in the Danish
over the litigation, then all claims and disputes arising out of or relating to the Terms or the use of the Products willbe litigated
exclusively in the Superior Court of Denmark. You and MINDstrain consent to the personal jurisdiction of both courts.
17. CHOICE OF LAW
Except to the extent they are preempted by Danish federal law, other than its conflict-of-laws principles, govern these Terms and anydisputes arising
out of or relating to these Terms or their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will besevered from these Terms and not affect the validity and enforceability of anyremaining provisions.
These Terms are effective and were last updated on June 24, 2021
MINDstrain ApS. is located at Suomisvej 4, 1927 Frederiksberg, Denmark