MindGym Digital Terms of Use
These Terms of Use apply to the services, software, mobile applications and websites of MindGym plc, its subsidiaries and affiliates (“MindGym”), as further described below. “You” means you, your company, and any of your employees, representatives, users, and agents that use the Services (defined below) provided by MindGym.
In addition to any agreement that You have with MindGym (“Agreement”), the services that MindGym provides to You are subject to the following Terms of Use (“TOU”). MindGym reserves the right to update the TOU at any time without notice. MindGym may change the terms of this TOU from time to time. Any changes to the TOU will be effective immediately upon posting on the MindGym website and You agree to the TOU by continuing the use of the Services (as defined below).
MindGym may, from time to time, provide You with access to a variety of software and services as well as information, communities, forums and the like on our website (collectively, “Services”). All Services are subject to the TOU, as revised from time to time.
MindGym and its suppliers are the sole owners of all the intellectual property, and in particular the copyright, trademarks, trade secrets, database and patents, in the Services. MindGym shall retain all ownership in and to Services and, subject to the Agreement, all data transferred or received through the Services.
You shall not use the Services or MindGym’s intellectual property except as specifically authorized under Your Agreement and this TOU. Without limiting the foregoing, except as expressly authorized by applicable law or Your Agreement, You shall not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services. In addition, You shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of MindGym or themindgym.com, or take any other action which infringes or impairs MindGym’s trademark rights.
Any reproduction, redistribution or use of the Services not in accordance with the Agreement and this TOU is expressly prohibited.
Certain of the Services may allow You to upload or import intellectual property. By uploading or importing such intellectual property, You thereby grant to MindGym and its subsidiaries, agents, contractors, licensees and successors in business an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, create derivative works from the content, to the extent necessary for your proper use of the Services.
You represent and warrant that You have all of the foregoing rights in the intellectual property to grant to MindGym and its subsidiaries, agents, contractors, licensees and successors in business.
If any portion of the Services requires You to register, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are responsible for any and all activities that occur under Your account.
You shall not use the Services or any portion of Your website(s) or mobile applications for any purpose that is unlawful, unethical, prohibited by the Agreement or this TOU or that could create liability for MindGym. You must not use the Services in any manner that could damage, disable, overburden, or impair any MindGym server, or the network(s) connected to any MindGym server, or interfere with any other party’s use and enjoyment of any Services.
You shall not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any MindGym server or to any of the Services, through hacking, password mining or any other means. You shall not operate robots or spiders to scan MindGym’s databases or web pages. You shall not use “deep linking” to MindGym’s web pages.
You may not use the Services if you are under the age of 18. MindGym reserves the right to immediately terminate the account and delete the information of any user, to the extent permitted by law, who it believes is under the age of 18.
Certain Services may contain message and/or communication facilities designed to enable You to communicate with others. You agree to use the Services only to post, send, and receive messages and material that are proper and permitted by applicable law, and will not:
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party;
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of MindGym systems;
- Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information;
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong;
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity;
- Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
EXCEPT AS EXPRESSLY WARRANTED IN THE AGREEMENT, ALL SERVICES ARE PROVIDED “AS IS” AND MINDGYM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, IN NO EVENT SHALL MINDGYM OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
See our Privacy Policy relating to the collection and use of information in connection with the Services stated here: https://themindgym.com/privacy-policy.
From time to time, third-party software applications, plug in, or other add-on online applications that integrate, interoperate, or interact with MindGym’s Services (“Applications”) may become available. If You choose to install, access, or enable an Application, You agree that the third-party Application provider may acquire access to Your account data and information data as required for the interoperation or integration of such Application, and Applications are not considered Services under these Terms of Use and are not maintained, monitored, tested, controlled, endorsed, provided, verified, validated, or reviewed by MindGym. Accordingly, such Applications are governed by their own terms and conditions and are not considered Services under the Agreement. You assume full responsibility for any damages, losses, costs, or harms arising from the use of or inability to use such Applications. To the extent permitted by law, MindGym disclaims all liabilities with respect to Your use of or inability to use such Applications and the performance or non-performance of such Applications (including direct, indirect, incidental, punitive, or consequential damages). MindGym has no obligation to monitor such Applications and does not control or endorse the content, messages, or information found in such Applications and specifically disclaims any liability with regard to such content, messages, or information. MindGym does not monitor or control such Applications’ service limitation, suspension, or termination of their services and specifically disclaims any liability with regard to such Applications’ service limitation, suspension, or termination. EXCEPT AS EXPRESSLY WARRANTED IN THIS TOU, ALL SUCH APPLICATIONS SERVICES ARE PROVIDED “AS IS” AND MINDGYM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH APPLICATIONS’ SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
If You wish to terminate the Services for any reason, You must comply with the termination provisions set forth in the Agreement. MindGym reserves the right to terminate Your access to any or all of the Services at any time, without notice, for any reason whatsoever.
This TOU will be governed by the laws of England and Wales, without regard to or application of conflicts of law rules or principles, and You hereby consent to the exclusive jurisdiction of the English courts with regard to any dispute arising out of or related to this TOU. If any provision of this TOU or part thereof is held to be unenforceable, that provision or part thereof will be removed, a substitute provision implied that meets as closely as possible the intent of the severed provision and the remaining provisions will remain in full force. The waiver by MindGym of any default or breach of this TOU shall not constitute a waiver of any other or subsequent default or breach. You may not assign, transfer, or encumber this TOU, by contract or by law, in any way without MindGym’s prior written consent; any attempted assignment, transfer, or encumbrance in violation of the foregoing shall be null and void and of no effect. No person that is not a party to this TOU shall have or acquire any rights by reason of this TOU, nor shall MindGym have any obligation or liability whatsoever to any such person except as otherwise expressly set forth herein. This TOU constitutes the complete and exclusive understanding and agreement of MindGym and You relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings, agreements, and communications, and or advertising with respect thereto.