Last updated 12/06/16
Terms of Service
The gist:
We (the people who work at Minds) create open source software and run the Minds.com social network. We would love for you to use it and help us evolve this document in the direction that best protects Minds and its community. Public commentary and peer-review is encouraged via the Minds support group. Minds basic services, to create a channel or launch a site on Minds.com, are free. We also offer paid upgrades for advanced features and other commercial services. Minds software and services are designed to give you as much control and ownership over your social world as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to/from your site (things like spam, malware, viruses, or illegal content or serious threats of violence). If you find a Minds.com channel or site that you believe violates these Terms of Service, please email this information to [email protected]. (Note, we’ve decided to make the below Terms of Service available under a Creative Commons Sharealike license, as Wordpress provided for us.) which means you’re more than welcome to repurpose it for your own use. Just make sure to replace references to us with ones to you, and if you don’t mind we’d appreciate a link to Minds.com somewhere on your website.
Terms of Service:
The following terms and conditions govern all use of the Minds network and all content, services and products available at or through the website, including, but not limited to, minds.com, minds.org, hosting.minds.com, and all other network sites under the Minds domain. Minds is owned and operated by Minds, Inc. (“Minds”). Our services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Minds Privacy Policy) and procedures that may be published from time to time on this Site by Minds (collectively, the “Agreement”). You agree that we may automatically upgrade any Minds services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access Minds or use any associated services. If these terms and conditions are considered an offer by Minds, acceptance is expressly limited to these terms.
Minds is available only to individuals who are at least 18 years old, and any person who registers as a user or provides their personal information to our Services represents that they are 18 years old.
Use of our Services requires a Minds account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Minds
Your Minds channel. If you create an account on the Minds platform, you are responsible for maintaining the security of your channel or your site, and you are fully responsible for all activities that occur under the channel and any other actions taken in connection with the channel or site. You must not describe or assign keywords to your channel or network in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Minds may change or remove any description or keyword that it considers unlawful or otherwise likely to cause Minds liability. You must immediately notify Minds of any unauthorized uses of your channel or site or any other breaches of security. Minds will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of registered users.
If you operate a channel or site, comment on a post, post material to Minds, post links or otherwise make (or allow any third party to make) material available by means of Minds (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Minds, you represent and warrant that your Content and conduct do not violate these terms. By submitting Content to Minds, you grant Minds a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your channel or site. You also give other Minds users permission to share your Content on other Minds channels and sites and add their own Content to it ((aka to Remind (reblog) your Content)), so long as they use only a portion of your post, and they give you credit as the original author by linking back to your website. The Remind function on Minds.com does this automatically. If you delete Content, Minds will use reasonable efforts to remove it from Minds, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Minds has the right (though not the obligation) to, in Minds’ sole discretion, (i) refuse or remove any Content that, in Minds’ reasonable opinion, violates any Minds terms or policies or is in any way unlawful or (ii) terminate or deny access to and use of Minds to any individual or entity. Minds will have no obligation to provide a refund of any amounts previously paid, regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By registering an account and making Content available, you further represent and warrant the following:
The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You represent that you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam or bulk unsolicited messages, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Interact with other Minds users in an unwanted way such as stalking or harassing.
The Content does not target with @name threats, harassment, doxing or violence.
The Content does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
Your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
Your account is not presented in a manner that misleads your readers into thinking that you are another person or company;
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Minds or otherwise;
You also give other Minds user’s permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license;
HTTPS.
We offer free HTTPS on all Minds.com sites by default. By signing up and using a custom domain on Minds.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
Advertisements.
Minds does not put ads on users’ content without explicit opt-in from the user. In the event of opting-in, Minds reserves the right to display advertisements on your channel or site.
Attribution.
Minds reserves the right to display attribution text or links in your site footer or toolbar, attributing Minds or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to an enhanced level of service allowing for such.
Restricted Use.
You may not use Minds or any associated API access to substantially replicate products or services offered by Minds, including the republication of Minds content or the creation of a separate publishing platform. If Minds believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access Minds may be temporarily or permanently revoked, with or without notice. You also may not use Minds logos, marks or make reference to, or make false representation or impersonation of Minds without the expressed written permission of Minds, Inc.. Payment and Renewal.
General Terms.
Minds offers optional paid services such as hosting, subscriptions, monetization, additional storage, bandwidth, video transcoding, and Boost (any such services, an “Upgrade”). By an Upgrade you agree to pay Minds the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here. Automatic Renewal. Unless you notify Minds before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the admin section of your website’s dashboard. Additional Users. Minds will calculate your site hosting charge based on Monthly Active Users (MAU) calculated as the peak number of unique active users who have initiated at least one session over a one month period. Minds Services. Consulting and support services are provided by Minds under the terms and conditions for each such service engagement. Please contact [email protected] for more information.
- Responsibility of Visitors
Minds has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Minds does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Minds may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Minds may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Minds disclaims any responsibility for any harm resulting from the use by visitors of our services, or from any downloading by those visitors of content there posted.
- Minds Boost Policy
The Minds Boost system rewards users for their efforts online. Boost points are earned just by using Minds, or additional Boost points may be purchased on Minds. Minds Boost approvals are made by Minds staff based on Not Safe For Work or NSFW policy. In addition Boost requests with @name targeting, doxing or harassment of specific individuals or threats of violence or harm will be rejected. Minds policy regarding purchased points is as follows: No refunds. All sales of Minds points are final and no returns are accepted. Any disputes should be directed to [email protected]. Recurring subscription purchases. Users are advised that they are responsible for their own online actions and to be aware that point subscription purchases are recurring and will be billed monthly to your credit card account.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Minds.com links, and that link to Minds.com. Minds does not have any control over those non-Minds.com websites, and is not responsible for their contents or their use. By linking to a non-Minds website, Minds does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Automattic disclaims any responsibility for any harm resulting from your use of non-Minds.com websites and webpages.
- Copyright Infringement and DMCA Policy
As Minds asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Minds violates your copyright, you are encouraged to notify Minds in accordance with Minds’ DIgital Millennium Copyright Act (“DMCA”) Policy. Minds will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Minds will terminate a visitor’s access to and use of Minds if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Minds or others. In the case of such termination, Minds will have no obligation to provide a refund of any amounts previously paid to Minds.
- Intellectual Property
This Agreement does not transfer from Minds to you any Minds or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Minds. Minds, Minds.com, Minds.org, logos and all other trademarks, service marks, graphics and logos used in connection with Minds or Minds.com are trademarks or registered trademarks of Minds or Minds’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of Minds grants you no right or license to reproduce or otherwise use any Minds or third-party trademarks.
- Domain Names
Minds provides HTTPS on all subdomains. Minds allows custom domains through the Minds hosting service, and reserves the right to require HTTPS before publishing such custom domains. Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.
- Changes
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Minds within the designated notice period. Your continued use of Minds will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
- Termination
Minds may terminate your access to all or any part of Minds at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Minds account (if you have one), you may delete your content, deactivate your account and simply discontinue using Minds. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Website is provided “as is”. Minds and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Minds nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, you are awesome. You understand that you download from, or otherwise obtain content or services through Minds at your own discretion and risk.
- Limitation of Liability
In no event will Minds, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Minds under this agreement during the twelve (12) month period prior to the cause of action. Minds shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
You represent and warrant that (i) your use of our Services will be in strict accordance with the Minds Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
- US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Automattic reserve the right to terminate accounts or access of those in the event of a breach of this condition.
- Indemnification
You agree to indemnify and hold harmless Minds, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of Minds, including but not limited to your violation of this Agreement.
- Translation
These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
- Miscellaneous
This Agreement constitutes the entire agreement between Minds and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Minds, or by the posting by Minds of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of Minds will be governed by the laws of the State of Connecticut, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Stamford, Connecticut, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney's’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Minds may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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