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Terms of Service

Revision: August 29, 2020

This document (the “Agreement”) constitutes a legal agreement between you and MindTip Games (a wholly owned subsidiary of Justice Creative, LLC), and its related companies and affiliates (collectively, “JCLLC”,” “we,” or “us”) that governs the relationship between you and JCLLC with respect to your use any JCLLC products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile devices, or in-game applications or software platforms including third-party hosts (collectively, the “Services”).

Please read the following Agreement carefully. By using or registering for the Service, you consent to this Agreement and to our Privacy Policy.

We reserve the right to change the provisions of this Agreement at any time. We will alert you that changes have been made by indicating on the Agreement the date it was revised. We encourage you to review this Agreement and our Privacy Policy from time to time to make sure that you understand its terms. Your continued use of the Service following the posting of changes to these terms will mean you accept those changes.

1. ACCESS TO THE SERVICE AND CREATING AN ACCOUNT

In order to use or access the Service, you must affirm that (a) you are 13 years of age or older; (b) if you are 18 years of age or over, that you have read, understood, and accept to be bound by this Agreement; and (c) if you are between 13 and 17 years of age, that your legal guardian has reviewed and agrees to this Agreement.

If you use or access the Service through a social network (e.g., Twitch, YouTube, Facebook) or other third party platform, game console, app, or service (“Third Party Service”), you may be required to have an account with the Third Party Service through which you connect to the Service. You agree to comply with the Third Party Service’s terms of use as well as this Agreement. You also agree that JCLLC has no responsibility or liability for any act, error, or omission of any Third Party Service.

For accounts created directly with JCLLC, you agree to provide JCLLC with accurate and complete information as required by registration for the Service. You are solely responsible for managing your account and agree to keep your customer registration data current at all times. Your password should be kept strictly confidential to prevent unauthorized use.

The collection and use of your account information, whether extracted from a Third Party Service or created directly with JCLLC, is subject to our Privacy Policy. You agree that JCLLC may use your account information, responses, username, game history and other data related to your use of the Service as provided in our Privacy Policy.

2. LIMITED LICENSE TO USE THE SERVICE

Subject to your compliance with this Agreement, JCLLC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use.

You agree not to (a) use the Service for any use or purpose other than as expressly permitted by this Agreement or (b) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion thereof, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by JCLLC or its licensors, except for the permissions and rights expressly granted in this Agreement.

If you violate this Agreement, JCLLC reserves the right to immediately terminate or suspend any or all accounts you have created using the Service. You agree that JCLLC need not provide you notice before terminating or suspending your account, but it may do so.

JCLLC reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of this Agreement.

3. PROPRIETARY RIGHTS

All content and materials comprising the Service, including without limitation, software, computer code, HTML, APIs, design, artwork, graphics, video, animations, sounds, musical compositions, audio-visual effects, games, titles, themes, objects, icons, virtual items, characters, stories, dialogue, catch phrases, concepts, formats, effects, methods of operation and documentation, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, trade dress and logos contained therein (“Marks”), as between you and JCLLC, are owned by JCLLC or its licensors. All other trademarks, service marks, trade names and logos used on the Service, with or without attribution, are the property of their respective owners.

You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws of the United States and similar laws of other jurisdictions. JCLLC reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Content and Marks. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by using or accessing the Service.

You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Content without JCLLC’s express prior written permission. All other uses of proprietary material, including any derivative use, require express prior written permission from JCLLC.

4. USER GENERATED CONTENT

User generated content (“UGC”) is defined as any content, material, data and information that you create, upload to, or transmit through the Service, or that is extracted from your Third Party Service profile, including, without limitation, text, images, stories, photos, sound, music, drawings, sketches and game questions.

By posting any UGC on, through or in connection with the Service, you hereby grant to JCLLC a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, sublicensable, transferable, worldwide license to use, modify, excerpt, adapt, store, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such UGC, in whole or in part, on, through or in connection with the Service or in connection with any commercialization, distribution, or syndication thereof on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. JCLLC’s use of such UGC shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. JCLLC may remove any UGC at its sole discretion at any time. UGC is not confidential and will not be returned to you.

If UGC that you create and publish reproduces your image, you acknowledge that JCLLC has the right to use your image as part of the Service pursuant to the broad license stated above. If the UGC you publish on the Service features the image of any person other than yourself, you warrant that you have received the permission of the relevant person for the use of his/her image by JCLLC in accordance with the terms of this Agreement, and you indemnify JCLLC for any losses which JCLLC may incur pursuant to the Indemnification provision of this Agreement.

Please note that not all Services allow the posting of UGC and JCLLC reserves the right to limit the storage capacity of UGC that you post on, through or in connection with the Service. JCLLC also reserves the right (but not the obligation) to remove and permanently delete any UGC from the Service with or without notice for any reason or no reason.

You represent and warrant that: (a) you own the UGC posted by you on, through or in connection with the Service, or otherwise have the right to grant the license set forth in this Section, and (b) the posting of UGC by you on, through or in connection with the Service does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any UGC posted by you on or through the Service.

You agree not to share, post, or otherwise disseminate any UGC that is, in JCLLC’s sole discretion, offensive, demeaning, defamatory, or otherwise inappropriate, including but not limited to: content that directly or indirectly threatens an individual or group, promotes self-Injury or suicide, is bullying or harassing, facilitates criminal or otherwise illegal activity, promotes sexual violence or exploitation, or is hate speech.

If you feel that any UGC violates these terms, you may request that we review it by submitting the content for review via email – contact@mindtip.com

5. VIRTUAL CURRENCY AND VIRTUAL ITEMS

The Service may include an opportunity to purchase virtual currency (“Virtual Currency”) or virtual items (“Virtual Items”), such as episodes, power-ups and similar content, that may require you to pay a fee using real money to obtain the Virtual Currency or Virtual Items. PURCHASES OF ANY VIRTUAL CURRENCY AND VIRTUAL ITEMS ARE FINAL; AND EXCEPT IN OUR SOLE AND ABSOLUTE DISCRETON, SHALL NOT BE REFUNDABLE, TRANSFERRABLE, OR EXCHANGEABLE. You have no other right, title or interest in or to any such Virtual Items or Virtual Currency appearing or originating in the Service. You agree that Virtual Currency and/or Virtual Items will be forfeited if your account is terminated for any reason, including in JCLLC’s sole and absolute discretion or if JCLLC discontinues providing the Service for any reason. Prices and availability of the Virtual Currency or Virtual Items are subject to change without notice.

6. DMCA POLICY

JCLLC respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, JCLLC will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:

Justice Creative, LLC
Attn: Copyright Inquiry
P.O. Box 47061
Jacksonville, FL 32247

7. RULES OF CONDUCT

Your use of the Service is subject to all applicable local, state and national laws and regulations. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your account. You shall not use, allow, or enable others to use the Service, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, vulgar, indecent, or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service;

use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any MindTip or JCLLC game experience;

exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;

send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”;

unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;

contact anyone who has asked not to be contacted; “stalk” or otherwise harass anyone;

violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;

gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Service;

modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm or enterprise; or

use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.

8. ACCOUNT SUSPENSION/TERMINATION

JCLLC may terminate or suspend any or all of the Service and any registered account immediately, without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the JCLLC’s reasonable control or if you breach any terms and conditions of this Agreement or our Privacy Policy. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

As a result of termination, you may lose your account and all information and data associated therewith, including, without limitation, your Virtual Currency, Virtual Items and achievements, as applicable. JCLLC is under no obligation to compensate you for any such loss.

9. USER DISPUTES

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. JCLLC hereby disclaims any and all liability to you or any third party relating to your use of the Service. JCLLC reserves the right, but has no obligation, to manage disputes between you and other users of the Service.

10. USER FEEDBACK

In general, JCLLC does not accept, via the Service or otherwise, unsolicited submissions including, without limitation, submissions of game ideas, characters, drawings, information, suggestions, proposals, ideas or concepts (collectively, “User Feedback”). Therefore, any similarity between an unsolicited submission and any elements in a JCLLC creative work or Service would be purely coincidental. However, on occasion, we may request feedback from our users in the form of a survey or similar submission. Any and all User Feedback provided by you to JCLLC, whether solicited or not, and all rights contained therein, will become the sole property of JCLLC and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as JCLLC Games sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever in connection with your User Feedback or JCLLC’s use thereof.

11. LINKS AND THIRD PARTY

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by JCLLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

From time to time, during your use of the Service, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, promotional partners (collectively, the “Advertisers”). All such communication, interaction and participation is between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

12. CONTESTS, SWEEPSTAKES AND PROMOTIONS

From time to time, JCLLC, its affiliates, suppliers, and Advertisers, may conduct promotions on or through the Service, including, without limitation, auctions, contests and sweepstakes, which may be subject to Additional Terms and/or Rules.

13. DISCLAIMER OF WARRANTY

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, JCLLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. JCLLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that JCLLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from JCLLC or through the Service, will create any warranty not expressly made herein.

You also acknowledge that the time that you spend on the Service, including any dollar amounts or achievements accumulated in our games, is solely for entertainment purposes and that no value can be attributed to such time. Accordingly, please do not contact us requesting payment of your “winnings” as such requests will not be honored.

Any “winnings” earned virtually will be tracked and honored, but to the extent and pace that JCLLC can meet and not to any deadlines. You assume all risk that “winning” may never be given.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JCLLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, 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, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR UGC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JCLLC Games HAS 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.

15. INDEMNIFICATION

Upon JCLLC’s and/or its licensors’ request, you agree to defend, indemnify and hold harmless JCLLC, its licensors and any JCLLC affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Agreement for which you are responsible or in connection with your distribution of any UGC on or through the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold JCLLC and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account. You agree that you will be personally responsible for your use of Service and for all of your communication and activity on the Service, including any content you contribute, and that you will indemnify and hold harmless JCLLC, JCLLC’s licensors and JCLLC affiliates from any liability or damages arising from your conduct on the Service, including any UGC that you contribute.

JCLLC and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to JCLLC and/or its licensors in that matter.

16. EXPORT CONTROLS

Software available in connection with the Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

17. GENERAL

(a) This Agreement states your entire agreement with JCLLC regarding the use of the Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.

(b) No delay or failure to take action under this Agreement shall constitute any waiver by JCLLC of any provision of this Agreement.

(c) This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with JCLLC or affiliates or relating in any way to your use of the Service resides exclusively in the courts of Florida, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Florida, Duval County, in connection with any such dispute.

(d) Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

(e) This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JCLLC without restriction.

18. CONTACTING US

If you have any questions about this Agreement, or the practices of JCLLC Services, please contact us at contact@mindtip.com or write to us at:

Justice Creative, LLC
Attn: Contact Us People
P.O. Box 47061
Jacksonville, FL 32247, USA

19. BETA TESTERS

In its sole discretion, JCLLC may contact you to review and evaluate one or more Services or aspects thereof prior to commercial release for the purpose of improving the Service and identifying program errors. This process is known as a “Beta Test.” If you sign up for and are accepted by JCLLC Games as a beta tester, you agree to the terms of this Agreement and the additional terms in this Section 19.

In connection with the Beta Test, JCLLC may provide you, on a temporary basis, access to a pre-release version of the Service (a “Beta Service”). You understand and agree that the Beta Service and all other materials provided to you are confidential or proprietary information of JCLLC Games and subject to the restrictions contained in this Agreement, including without limitation, Sections 2 and 3 of this Agreement. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the Beta Service, or any portion thereof, including without limitation, making, posting or distributing gameplay videos; (ii) prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the Beta Service and confidential and proprietary information thereof, and (iii) fully comply with the terms and conditions of this Agreement.

You will carry out the testing personally and not provide access to pre-release versions of the Service to any other person. You agree that breach of the above obligations will cause irreparable harm to JCLLC, and JCLLC is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta Service confidential will continue until JCLLC Games publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the Services and the content that you are testing.

You may be asked to provide to JCLLC (and to JCLLC only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the Beta Service. Any and all feedback provided by you to JCLLC in connection with the Beta Test program, whether solicited or not, including without limitation, any ideas, suggestions, proposals, code or any other content, and all rights contained therein (collectively, “Beta Feedback”), will become the sole property of JCLLC Games and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as JCLLC Games sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever in connection with your Beta Feedback or JCLLC’s use thereof.

As a tester, you are invited to play Beta Service for the sole purpose of evaluating the Beta Service and providing us with feedback. The Beta Service is provided for testing on an “as is” and “as available” basis and we make no warranty to you of any kind, express or implied.

When using the Beta Service, you may accumulate experience points, achievements or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular game completes a testing phase. In this case, all player history and data may be erased.

By starting a beta version of the Service, you agree that: (i) playing the beta Service is at your own risk and you know that the Service may include known or unknown bugs, (ii) JCLLC has no obligation to make the Service available for play without charge for any period of time, nor to make them available at all, (iii) the Beta Service may be available only by subscription or other payment method once the Beta Test process is complete or at any time in the future; and (iv) if it is a closed beta test, you will keep all information about the beta games confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

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END OF TERMS AND CONDITIONS

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Privacy Policy

Last update: Aug 29, 2020

MindTip Games (a wholly owned subsidiary of Justice Creative, LLC) JUSTICE CREATIVE , LLC (“JCLLC” or “We”) respects the privacy of your personal information and is committed to protecting it and using it solely for the purpose for which it was collected.

The objective of this privacy policy (the “Policy”) is to inform you of our privacy practices.

We wish to provide you with information on why and how we collect your personal information and on how it is kept and used.

Scope and application

This Policy applies to all personal information, location information and electronic information collected by JCLLC via our mobile applications (collectively the “Application”) or through or website, at www.MindTip.com or www.MindTipTV.com (collective know as the “Website”) (the Application and the Website collectively referred to as the “Service”) and also through communications you may have with JCLLC by email or otherwise. This Policy is subject to the relevant Florida and United States legislation, as well as all other applicable legislation and regulations.

The use of our Service might require registration through a Twitch, Facebook, and/or Twitter account, so your use of these platforms is subject to their own privacy policies.

This Policy does not apply to the collection, use and retention of your personal information on any of these platforms.

We invite you to read carefully these platforms’ policies pertaining to privacy.

Your personal information: what we collect and why we collect it

We collect certain types of personal information and establish a file concerning the users of the Service (individually a “User”, and collectively the “Users”) or any other person communicating with us.

When you register for the Service or accept to receive marketing and advertising material through email or other communication tools, JCLLC will ask you to provide an email address and a user name (called “Nick Name”); you may also create a user profile and have the option to provide your name, mailing address, age group, preferred language, and any other information (collectively the “Personal Information”).

The Personal Information is collected and used notably for the following reasons:

• to provide the Service and to enable you to use the Service;

• to operate the Service and to improve and customize your experience with the Service;

• to provide you with support and handle requests and complaints;

• to send you updates, notices, announcements, and additional information related to the Services;

• to send you marketing and advertising material through email or other communication tools, subject to your prior indication of consent;

• to share your submissions with other Users of the Service and to facilitate communication between you, JCLLC and other Users;

• to enforce the End-User License Agreement concluded between you and JCLLC ;

• to contact you when JCLLC believes it necessary;

• to comply with any applicable law and assist law enforcement agencies under any applicable law, when JCLLC has a good faith belief that JCLLC ’s cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards;

• to prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Service;

• to handle breakdowns and malfunctions;

• to take any action in any case of dispute, or legal proceeding of any kind between you and the Service, or between you and other Users or third parties with respect to, or in relation with the Service; and

• for purposes provided under this Policy and the End-User License Agreement.

• For other purposes that may not be specifically outlined in this Policy and End-User License Agreement.

Personal Information we collect is used solely for the purpose for which it was collected. Your consent to the collection, use and disclosure of information for secondary marketing purposes (e.g. mailing or emailing of promotional offers, subscription to a newsletter) or for other purposes is not required for you to become a User of the Service.

JCLLC may occasionally send out communications regarding its Service to Users by email or otherwise. You are offered the possibility to cancel your subscription to such communications each time a communication is sent out.

Information that you share

The Service is based on Users’ locations and submissions that may include certain personal information. You should be aware that the content you submit is not private or confidential and you should not have any expectation of privacy with respect to it.

You must exercise caution and common sense when submitting information that may personally identify you or others.

Location information

If you enable location services in the Application, JCLLC collects location data from your device, including latitude and longitude, speed and heading (collectively the “Location Information”).

The Location Information is collected and used to provide content relevant to your location and to allow you to submit and post information and content available for other Users.

JCLLC will link the Location Information thus obtained with your Personal Information on submissions where warranted to collect information about items found during activities necessary for Application purpose.

JCLLC may use your Location Information to create aggregated anonymous data and to use such data in accordance with this Policy.

However, JCLLC will make commercially reasonable efforts to permanently remove or obscure your identity from your Location Information that is used for aggregated purposes. The Location Information shared will be very general and limited to the City level of scope.

Electronic information

We may sometimes collect information that is not of a personal nature when you visit our Website or access our Service through the Application, such as the type of device or Internet browser you are using, the type of operating system you are using, your device unique ID, your IP address and the domain name from which you were linked to our Website (collectively the “Electronic Information”). Furthermore, when you visit our Website, we may insert a data file on your computer or device, such as a cookie or other file of a similar nature. Cookies allow us to keep information about the use you make of the Service, including the date of your most recent visit, the pages you viewed and files you downloaded.

JCLLC does not link the Electronic Information thus obtained with your Personal Information.

Most Internet browsers allow you to erase cookies from your computer’s hard drive, to block them or to receive a warning before they are downloaded. Please refer to your browser’s instructions to find out more about these functions. If you refuse cookies or refuse to allow permission to save application specific files, you may experience problems in accessing the Service or even be prevented to use the Service.

How your Personal Information is stored and communicated

JCLLC keeps Personal Information for a period of time it deems reasonable either to fulfill identified purposes or in accordance with the law, whichever time frame is longer. We establish retention criteria based on the type of information collected.

Once the identified purposes have been reached and your Personal Information is no longer required or if you request that such information be deleted, we ensure it remains anonymous or destroy it in a way which ensures protection against unauthorized access or communication.

We never disclose your Personal Information to any third parties without your consent, except to

• our goods or services providers and promotional partners, whether they be organizations or individuals, whose services have been retained to carry out duties on our behalf (e.g. organization and management of services offered by JCLLC , data processing and analysis, file management, marketing etc.). JCLLC takes the necessary measures to ensure that these third party goods or services providers process your Personal Information for the sole purpose identified by JCLLC and that they protect this Personal Information to the same extent that JCLLC protects the Personal Information in its possession;

• any entity resulting from a merger or change in control of JCLLC , in whole or in part, only if the parties have signed an agreement stipulating that the collection, use and disclosure of information is limited to the objectives of the commercial transaction;

• any public authority if the law so requires.

Third parties information

Third parties’ email addresses or other personal information you provided when inviting them to visit the Website or use the Application or when sending them a page from our Website, as the case may be, are not collected or kept by JCLLC , unless these individuals have themselves provided their personal information and become a User of the Service. Third-party may withdraw your consent at any time..

Personal information regarding children

The information contained on our Website and/or the Application is not destined to children (users under 13 years of age).

JCLLC does not knowingly collect any Personal Information regarding children.

The Application is provided to adults and JCLLC expressly denies any responsibility in regards to the use of the Application by children.

Security

All data is stored on servers with reasonable safeguards, protected as best as can be against misuse and access by unauthorized individuals.

In conformity with this Policy, JCLLC also protects Personal Information disclosed to third parties in order to maintain the information’s privacy and to respect the purpose for which it was collected.

This information is only made available to individuals (employees or agents) who require access to such information to carry out their responsibilities.

Your Personal Information is kept and stored on our behalf in Texas, USA by our hosting company, Dreamhost.

It is possible that we change our hosting company, without prior notice, or that some of your Personal Information be transferred outside of Texas at any time.

Advertisements

JCLLC may permit, solicit or contract certain other companies to conduct advertising campaigns on the Service. The advertisements that you see when accessing the Service are redirected from the servers of those advertising companies and may be geographically or contextually targeted. Some advertisers may use cookies on your computer. The cookies enable them to collect information about sections and features that you have accessed, advertisements posted on those sites and the advertisements that you have viewed.

In this manner advertisers try to customize advertisements to your preferences and for their own business purposes. The advertisers’ use of cookies is subject to their own privacy policies and not to this Policy.

You are encouraged to read carefully the advertisers’ policies.

External hyperlinks posted on our Website

Our Website may include hyperlinks to websites which are independent from ours.

By clicking on such hyperlinks, you leave our Website.

JCLLC does not exercise any control on the operation of these websites and the fact that they are listed on our Website does not incur JCLLC ’s liability in any manner. Any Personal Information you submit through these websites is subject to such websites’ privacy policies.

Changes to the privacy policy

JCLLC may modify this Policy once in a while, without any notice.

Please consult it from time to time.

Understanding the Policy

JCLLC will not be held responsible for any users’ lack of understanding of the American English language on this Service. To consume the Service, the user must be able to understand and read the American English (EN-US) language as this is the language the Privacy Policy is written in.

If the user cannot understand the Privacy Policy, then then should not install the Application or use the Website or the Service.

Information

Should you have any questions regarding our Policy, the protection of Personal Information, access to Personal Information, or concerning the collection, use and disclosure of Personal Information, how to file a complaint, or if you wish to withdraw your name from one or several of our mailing lists or update your Personal Information, please contact us through contact@mindtip.com

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