Effective Date: May 3, 2021
Overview of Services; Disclaimer
Here at Minty it is our vision to be a trusted digital commerce platform for brands and shoppers; known for creating delightful experiences that save people time and money. The specific features and functionality of our Services are dynamic and may change from time to time.
We reserve complete and sole discretion with respect to the operation of our Services. We reserve the right to change terms and warranties without notice. We also reserve the right to modify, suspend, or discontinue the Services at any time.
Acceptance of Terms
You Eligibility; Your Responsibility
You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user, company or other legal entity, as applicable. Any multiple-party use, other than individual use on behalf of a company or other legal entity, is prohibited.
Subject to these Terms, Minty hereby grants to you a nonexclusive, revocable, limited, non-transferable, non-sublicensable license to allow you and your authorized users (the “Authorized Users”) to use the Services. Your rights in the Services will be limited to the limited license expressly granted in this Section. Minty reserves all rights and licenses in and to the Services not expressly granted to you under these Terms.
Use of the Services
We may change, suspend, discontinue, or restrict your access to the Services or any part of it at any time. You are prohibited from: (a) using our Services, including its services and/or tools, if you are temporarily or indefinitely suspended from using our Services; (b) seek to collect information about users through the Services in an unauthorized manner or seek to circumvent security controls on the Services; (c) post or share false, inaccurate, misleading, defamatory, or libelous content; (d) take any action that may damage the Services or our systems; (e) take any action that may violate any federal, state, or local laws or statutes of the United States of America and its territories; (f) interfere with or disrupt the integrity or performance of any Services; (g) permit direct or indirect access to or use of any Service in a way that circumvents a usage limit; (h) defame, abuse, harass, stalk, threaten any individual or infringe or otherwise violate the legal rights (such as rights of privacy, publicity and intellectual property) of others or Minty; (i) distribute any harmful, inappropriate, profane, vulgar, infringing, obscene, false, fraudulent, tortuous, indecent, unlawful, or otherwise objectionable material or information (including any unsolicited commercial communications); (j) engage in or encourage any conduct that could constitute a criminal offense or give rise to civil liability for Minty; (k) misrepresent or in any other way falsely identify your identity or affiliation, including through impersonation or altering any technical information in communications using the Services; (l) transmit or upload any material through the Services that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other programs with the intent or effect of damaging, destroying, disrupting or otherwise impairing Minty’s, or any other person’s or entity’s, network, computer system, or other equipment; (n) attempt to gain unauthorized access to the Services, other Minty customers’ computer systems or networks using the Services through any means; (o) interfere with another person’s use of the Services (p) take any action that may violate any international laws or treaties; (q) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof; or (r) remove, disable, circumvent, or otherwise create or implement any workaround to any privacy protection, copy protection, rights management, or security features in or protecting the Services.
Content from the Services at any time in its sole discretion.
You represent and warrant that no Content will include any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations (“Health Information”) or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted regarding data protection or privacy, including, but not limited to, the Health Insurance Portability and Accountability Act, the Health Information Technology for Economic and Clinical Health Act, the Fair Credit Reporting Act, the Children’s Online Privacy Protection Act and the Gramm-Leach-Bliley Act. You acknowledge that Minty is not a Business Associate or subcontractor (as those terms are defined in HIPAA) and that Minty is not HIPAA compliant. “HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Minty will have no liability under these Terms for Health Information, notwithstanding anything to the contrary herein. You further represent and warrant that you: (i) are not in violation or breach of, and will not conflict with or constitute a default under, any material contract, agreement or commitment binding upon you; (ii) will not conflict with or violate in any material manner, any applicable law, rule, regulation, judgment, order or decree of any government, governmental instrumentality or court having jurisdiction over you; and (iii) are in compliance with all applicable federal, state and local laws, rules, regulations and ordinances, and all binding orders of any court, agency or other governmental body with appropriate authority and have obtained all applicable permits and licenses required of you in connection with to your obligations under these Terms.
You agree that by using the Services you are subscribing to the Data Co-op, and you acknowledge the following: The Data Co-op (the “Data Co-op”) leverages a shared pool of user data collected by Minty technology. Minty hereby affirms that all other members of the Data Co-op have granted Minty with a limited, transferable license to their User Data to for the purpose of providing identity resolution and direct messaging services for each Data Co-op member’s audience. Further, all other members of the Data Co-op have affirmed that their Privacy Policies and Terms of Service permit each member to share their contributed User Data and user opt-in consent with Minty. Under no circumstances will any member of the Data Co-op ever have direct access to another member’s User Data or the source of any User Data.
Term of Agreement
These Terms will remain in full force and effect while you use the Services, and afterward with respect to any surviving rights or obligations or yours or ours. You are free to discontinue using the Services, and any content available through or downloaded from the Services, at any time at your discretion.
Right to Restrict or Terminate Access
Warranty Disclaimer and Exclusions / Limitations of Liability
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SERVICES OPERATE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. WE MAY CHANGE, RESTRICT ACCESS TO, SUSPEND, OR DISCONTINUE THE SERVICES OR ANY PART OF IT AT ANY TIME. THE INFORMATION, CONTENT AND SERVICES ON THE SERVICES, INCLUDING ANY APPLICATIONS AND WIDGETS, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY GUARANTEES THAT YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES WILL INCREASE YOUR SALES OR PRODUCTS OR SERVICES. WHEN YOU USE THE SERVICES, YOU UNDERSTAND AND AGREE THAT ALL USE OF THE SERVICES, AND SITE CONTENT IS AT YOUR OWN RISK.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (I) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY SITE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM PERSONAL INJURY, DEATH, LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES; OR (II) ANY AMOUNTS IN EXCESS OF THE GREATER OF: (A) $100 OR (B) THE AMOUNT PAID BY YOU FOR USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Intellectual Property Rights
All information you submit to or through the Services (including without limitation Content and User Data) is non-confidential and we are not required to hold it in confidence. Please do not submit confidential information to us.
The Services may permit you to or you may otherwise submit feedback, user community contributions and comments, technical support information, suggestions, enhancement requests, recommendations, and messages relating to the use and operation of the Services. You grant to us a royalty-free, fully paid, non-exclusive, perpetual, irrevocable, worldwide, transferable license to display, use, copy, modify, publish, perform, translate, create derivative works from, sublicense, distribute, and otherwise exploit such content without restriction.
DATA RIGHTS AND PRIVACY
Severability of Terms
Choice of Law; Disputes
Electronic Notices and Disclosures
You acknowledge and agree that Minty may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Minty’s website or by emailing it to you at any email address provided to Minty by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
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