Mindario Terms of Use

Updated July 20, 2018

Welcome to Mindario! The Mindario app and website (Mindario) are owned and operated by Storyline Media, LLC. By using the Mindario and the associated services, information, products and tools, you understand and agree to the following terms and conditions as stated in this Agreement along with the terms and conditions as stated in our Privacy Policy (click Privacy Policy for more information).

Responsible Use and Conduct

By using Mindario (the ‘Service’ or ‘Services’), you understand and agree to the following:

  1. To access the Service, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of using the Service.
  2. You are responsible for maintaining the confidentiality of any login information associated with the account you use to access the Service and are responsible for all activities that occur on your Account.
  3. Accessing (or attempting to access) our Service by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Services through any programmatic, automated, unconventional, or unethical .
  4. Engaging in any activity that disrupts or interferes with our Service, including the servers and/or networks to which our Services are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Services is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We may provide communication tools on the Service such as journal posts, activity tracking, logs, chat, forums, message boards, social media services, etc. You understand that it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any tools or Services as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising; Contains or forwards surveys, contests, pyramid schemes or chain letters.
  • Impersonates any person or entity, including any Mindario employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

  1. You own the content you create and share on the Service and nothing in these Terms takes away the rights you have to your own content. However, to provide our Services, we need you to give us some legal permissions to use that content, specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos), you grant Mindario a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content consistent with your Settings and our Privacy Policy. This means, for example, that if you share a photo on Mindario, you give us permission to store, copy, and potentially share (if your setting  allow for sharing).
  2. You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a period of time in archive or backup software.
  3. This only refers and applies to content posted via the Service, and does not refer to information that is provided as part of the registration process, necessary in order to use our Service. All information provided as part of our registration process is governed by our Privacy Policy. We do not assume any liability for any content posted by you or any other 3rd party users of Service.
  4. You agree to indemnify and hold harmless Mindario / Storyline Media, LLC, and their directors, officers, managers, employees, agents, investors, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Warranties

By using Service, you understand and agree that all Services we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • the use of our Services will meet your needs or requirements.
  • the use of our Service will be uninterrupted, timely, secure or free from errors.
  • the information obtained by using our Services will be accurate or reliable, and
  • any defects in the operation or functionality of any Services we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  1. Mindario is intended to provide entertainment, useful information and content. None of the information contained in the Service is intended to be prescribed medical advice. If you need medical counseling seek a licensed professional.
  2. any content downloaded or otherwise obtained through the use of our Service is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  3. no information or advice, whether expressed, implied, oral or written, obtained by you from Mindario or through any Services we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
  4. you also agree that the Company is not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Service or any sites, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Service operating or not operating on computers, smartphones, or networks used by you or communicating with such computers or networks.

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Mindario/Storyline Media LLC will not be liable for any direct, indirect, incidental, physical, psychological, consequential or exemplary loss or damages which may be incurred by you as a result of using our Services, or as a result of any advice, exercises, information, changes, data loss or corruption, cancellation, loss of access, in availability of or downtime of the Service to the full extent that applicable limitation of liability laws apply.

Copyrights/DMCA Notices

All materials contained in the Service are the copyrighted property of Mindario dba StoryLine Media, LLC. or its subsidiaries or affiliated companies and/or third party licensors. No material from the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet, extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may not frame or enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them seriously.

Mindario complies with the applicable provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on the Service, please send a notice to support@mindario.com and comply with the instructions that follow:

Your notice must comply with the applicable provisions of the DMCA, which can be accessed here. In addition to submitting the notice in writing (written letter or email), the notice must contain the following:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. A description of the copyrighted work claimed to have been infringed and multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Termination of Use

Mindario reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof at any time, for any reason, without notice to you. The Service is controlled by Mindario from our offices located in the state of Utah, USA. It can be accessed by most countries around the world. By accessing Service, you agree that the statutes and laws of Utah, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the State of Utah, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.



Contact Information

If you have any questions or comments about our Terms of Service as outlined above, you can contact us at: support@mindario.com


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