Terms and Conditions
Last updated: March 12, 2016
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using www.mindmemobile.com website (the “Service”) sold by MindMe and operated by MindMe, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send via email, call or text message. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Service may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that we shall not be responsible for any Third- Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to us with respect to the Application shall remain our sole and exclusive property.
We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice/notification indicating that you must update your method of payment. If this is not done by a certain deadline date, your account may be suspended or terminated until any back balance is paid. If terminated, you may lose any account information/data previously inputted/processed.
At our sole discretion, we may offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
At its sole discretion, we may offer a Subscription with an introductory offer for a limited period of time (“Introductory Offer”).
You will be required to enter your billing information in order to sign up for the Introductory Offer. You may be charged by us until your Introductory Offer has expired. On the last day of the Introductory Offer period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Introductory Offer offer, or (ii) cancel such Introductory Offer offer.
In our sole discretion and at any time, we may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then current Billing Cycle. We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are nonrefundable.
Credits are paperless vouchers that you purchase and which facilitate the sending or receiving of messages, emails and phone calls (“Communication”). Credits are consumed based on the type of Communication sent or received and the Subscription to which you are enrolled. We reserve the right to modify the credits needed for any Communication in any Subscription for your next Billing Cycle. If we modify the price of a credit or the price of a Subscription plan, you have the right to terminate that Subscription at the next Billing Cycle. Credits purchased as part of a package or Subscription, and not used within a Billing Cycle, may expire at the end of that Billing Cycle.
Incorporation of MMA Guidelines
You agree to adhere to the current Mobile Marketing Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”) published at www.mmaglobal.com. In the event of a conflict between the MMA Guidelines and the Terms, the Terms shall prevail.
We may use multiple communication technologies to communicate with your end users (“Contacts”) on your behalf. These include text messages (SMS and/or MMS), email, voice calls, social posting and video communication (“Communication”). You confirm that all Contacts have opted-in to receive Communication. If we suspect that any numbers or emails added to the Service are not 100% opt-in, we reserve the right to take any action we believe appropriate, including but not limited to suspension or termination of the account.
We do not guarantee availability of mobile web pages/sites created using the Service, nor do we guarantee that pages will function properly on all desktop or mobile web browsers.
We provide link shortening technology using www.TinyMM.com, www.TinyMM.co or www.Bit.ly (“Tiny URL”). Tiny URL’s are used in text messages, emails, QR codes and mobile web pages to track usage by recipients. We make no claim as to the availability of these URL’s or guarantees that they will function properly when used.
Quick Response Codes
We allow users to create Quick Response (QR) codes. Not all QR types may be read by every mobile QR reader.
We may refuse, suspend or terminate any campaign that is not in compliance with the then current MMA Guidelines, that violates any applicable law or regulation, is obscene, advocates violence or for any other reason in our sole discretion.
Our messaging platform relies on multiple external suppliers to transmit messages to and from mobile phones, including ‘aggregators’ who intermediate between us and various wireless carriers, Internet service providers, server hosting companies, and others. Message delay or failure due to these outside parties can occur.
Message Data Rates
Standard message and data rates may apply to anyone who sends or receives an SMS or MMS message.
Unsubscribe / STOP
At any time, a recipient of your Communication may choose to opt-out from receiving future Communication from you.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright, and (iii) the Content is not offensive, vulgar or obscene as solely determined by us.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You permit us to transform and encode the Content into various formats, store it, and transmit it via third parties to computers and mobile devices, and optionally, web browsers, flash widgets, and other means of viewing the content at our discretion.
We have the right, but not the obligation, to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are our property used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain our exclusive property and that of our suppliers, licensors, affiliates and resellers. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects, with or without notice.
Updates to Service
From time to time, we may provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the Terms and Conditions.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. We may delete your data after 30 days of your account being classified as inactive, suspended or terminated. Such classification is at our sole discretion. There are no refunds on any fees already paid.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold us, our suppliers, licensees and licensors, affiliates and resellers and their employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, and on behalf of ourselves and on behalf of our suppliers, subsidiaries, affiliates, licensors, licensees, resellers and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Limitation Of Liability
In no event shall we, nor our directors, employees, partners, agents, suppliers, subsidiaries, affiliates, licensors, licensees, resellers or service providers, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We have a zero tolerance spam policy. If it is discovered that you are using the Service for spam, your account will be immediately suspended or permanently terminated without a refund. Spam is unsolicited SMS or MMS text messages, email or voice calls. By sending messages to only those who have requested to receive them, you are following accepted permission-based messaging guidelines as published by the Mobile Marketing Association (“MMA”). For a message to not be considered spam, the recipient must have a preexisting relationship and have offered consent. A preexisting relationship could represent a prior purchase, information request, survey or poll response, offline contact or similar. Consent is represented by a prior purchase, request to be added to a list, survey or poll response, offline contact or similar. You agree not to use ANY third party lists for mobile numbers, phone numbers or emails.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Our suppliers, subsidiaries, affiliates, licensors, licensees, resellers and service providers do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Pennsylvania, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.