Terms

The Gist

We (the people who work with Minds) create free and 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 supports and protects Minds and its community. Public commentary and peer-review is encouraged via the Help & Support Group and also on Gitlab. The Minds basic service of creating a channel or launching a presence on Minds.com is 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 experience as possible and to encourage you to express yourself freely. However, be responsible in what you publish and use basic Internet safety procedures when posting. In particular, make sure that none of the prohibited items listed in the Minds Content Policy, as defined in Section 15, appear on your channel or get linked to/from your channel (things like spam, malware, viruses, or illegal content or serious threats of violence.)

If you find content that is objectionable, then Unsubscribe, Block, Report or just swipe on by. Minds is an open, free and public commons where users respect the right to use free speech. Of course, you may find a violation of these Terms of Service as you traverse Minds, in which case please Report the channel from the Settings cog on the content or channel profile or by email to info@minds.com.

(Note, we’ve decided to make the below Terms of Service available under a Creative Commons Attribution-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 give an attribution link to Minds.com somewhere on your website.)

Minds software and services are owned and operated by Minds, Inc. (“Minds”, “we” or “us”). Our software and services are offered subject to your acceptance without modification of these Terms of Service and all other operating rules, policies (including our Privacy Policy) and procedures that may be published from time to time on this site by Minds, as well as the Terms of Sale of Minds Tokens (available at https://www.minds.com/token) (collectively, these “Terms”). We may, from time to time, change or upgrade the Services (defined below), in whole or in part. You acknowledge that these Terms will apply to any such changes or upgrades.

These Terms govern your access to and use of Minds Tokens in connection with the Minds social network, including https://www.minds.com, www.minds.org, and all other network sites under the Minds domain (“Minds Network”), the Minds Network, and Minds mobile applications and any other online services (collectively, the “Services”) provided by us or our legal affiliates, including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user of the Services (each, a “User”).

Please read these Terms carefully before you start to use our Services. By using any of the Services, you accept these Terms, which means that you are entering a legally binding contract with us. If you do not accept these Terms, or if you violate these Terms in any way, you may not be authorized to access or use the Services, and your Minds Tokens will be forfeited.

You understand that we may change these Terms from time to time in our sole discretion and in accordance with Section 21 below. It is your responsibility to periodically check these Terms posted so that you are aware of any changes, as they are binding on you.

1. Your Minds Username and Channel

1. Use of our Services requires a Minds username and channel. You are responsible for keeping your password secure. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13 (“Minimum Age”), as the Website is not intended for children under 13.

2. If you create a channel on the Minds platform, you are responsible for maintaining the security of your channel, and you are fully and solely responsible for all activities that occur therein.

3. Minds reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms or that was created for the sole purpose to resell to a verified user with that same name (a.k.a. Cybersquatting channels.)

2. Responsibility of Registered Users

1. You acknowledge that you are solely responsible for all activity that occurs through your channel or username and all of your activity on the Minds Network. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Minds prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a Minds account on behalf of any other person or entity.

2. You also acknowledge that:

a. You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that Minds is not responsible or liable for the conduct of any User. Minds reserves the right, but has no obligation, to become involved in disputes between you and other Users.

b. You shall not describe or assign keywords to your channel in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. Minds reserves the right to change or remove any description or keyword that it considers unlawful or otherwise likely to cause Minds liability.

c. You shall immediately notify Minds of any unauthorized uses of your username, account or channel, or of any other breaches of security by emailing security@minds.com.

d. If you operate a channel, comment on a post, post material to Minds, post links or create (or allow any third party to create) or otherwise make material available by means of Minds, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.

e. By using Minds, you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation as detailed in section 26.

f. By submitting User Content to Minds, you grant Minds a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing the Services and promoting Minds and the Services, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Services.

g. You grant other Users permission to share your User Content on other Minds channels and add their own User Content to it (e.g., to Remind your User Content).

h. All User Content, that is not otherwise marked by the license owner, is licensed under the All Rights Reserved license.

i. If you delete User Content, Minds will use reasonable efforts to remove it from the Minds Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.

j. By registering an account and making User Content available, you further represent and warrant that the user content does not violate the Minds Content Policy referenced in Section 15;

k. Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;

l. Any Use by Minds of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;

m. If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;

n. You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to Minds the license set forth under section 2(f) and to successfully grant to others any relevant rights under any such third-party licenses;

o. You also give other Users 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.

3. Prohibited Uses

You shall not use or access any of the Services:

1. In any way that violates any applicable United States federal, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the United States or other countries);

2. To post unlawful, infringing, or other content not allowed under these Terms.

3. To impersonate, attempt to impersonate, or falsely imply that you are associated with Minds, another User, or any other person or entity;

4. In any manner that could disable, alter, overburden, damage, or impair the Services or the Minds Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Minds or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;

5. To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account or Channel (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services, except as may be permitted under any license applicable to the Services, which may be viewed at https://gitlab.com/minds;

6. To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to Minds;

7. To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;

8. To substantially replicate products or services offered by Minds in an impersonating manner, including by republishing Minds content or creating a separate publishing platform; or

9. Without limiting any of the above representations or warranties or obligations, Minds reserves the right to, in Minds’ sole discretion, (i) reject or remove any User Content that, in Minds’ reasonable opinion, violates any term or condition of these Terms or policies of Minds or is in any way unlawful under Connecticut state law (ii) ban and remove any channel that, in Minds’ reasonable opinion, violates any term or condition of these Terms or policies of Minds or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of Minds and its Services is unlawful.

10. In the event a channel is banned due to the breach of these Terms, and the channel owner no longer has access to the channel, Minds will have no obligation to provide a refund of any kind including refund of any outstanding wallet amounts such as token balances or any amounts previously paid. Please direct any questions to info@minds.com.

4. HTTPS

1. We support HTTPS and encrypt all sensitive information stored at rest on Minds.com, and we offer free HTTPS on all Minds.com sites by default. By signing up and using a custom domain or sub-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.

5. Domain Names

1. 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. Your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

2. A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found at: https://www.icann.org/resources/pages/benefits-2013-09-16-en

3. You can learn more about domain name registration generally at: https://www.icann.org/resources/pages/educational-2012-02-25-en

6. Intellectual Property Rights

1. We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by Minds, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “Minds Content”). Minds Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Minds, Minds owns and retains all rights in Minds Content and the Services.

2. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Minds Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Minds Content or the Services, except as may be permitted by these Terms.

3. You will own all intellectual property rights in User Content you create using the Services except to the extent they incorporate Minds Content or other intellectual property owned or licensed by Minds.

4. Minds reserves the right to display attribution text or links in your channel footer or toolbar, denoting attribution to Minds. 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 that permits the User to do so.

7. Reporting Copyright Infringement, DMCA Policy and Other Violations

1. Minds prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact Minds at copyright@minds.com.

2. As Minds asks others to respect our intellectual property rights, we respect 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, available at https://www.minds.com/p/dmca. Minds will respond to all such notices in accordance with applicable law. Minds will ban or terminate a channel’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, Minds will have no obligation to provide access to any Services, Minds Tokens or any refund including any amounts previously paid to Minds.

8. Monitoring and Enforcement; Ban and Termination

We have the right to:

1. Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;

2. Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms; and

3. Force forfeiture of any username for any reason.

4. Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease, and any outstanding balance of OffChain Minds Tokens will be forfeited to Minds.

9. Linking to the Services

1. You may link to our website homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld for any reason or no reason in our sole discretion.

2. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms.

10. Links on Minds Services

1. If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility, and we disclaim any liability, for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Advertisements

1. As a Minds channel, you agree that Minds Boost will inject advertised content into your newsfeed to satisfy the demand of Minds publishers. In addition, you agree that other Minds channels to which you are subscribed may Remind advertised content to your feed. Users may opt-out of Minds Boost by joining Minds Plus.

12. Services Content

1. We may update our Services from time to time, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.

2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.

3. Although it is Minds’ intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.

4. Minds reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by Minds, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

13. Geographic Restrictions

1. Minds is based in the United States and provides its Services for use to persons located all over the world with the exception of those countries that are sanctioned by OFAC (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, though these Terms are governed solely by United States law.

14. Payments and Renewals

1. Minds offers optional paid services such as Minds Tokens, hosting, subscriptions, monetization, additional storage, bandwidth, Minds Plus, video transcoding, and Boost (any such services, an “Upgrade”). By accessing an Upgrade you agree to pay Minds the one time, 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.

a. Automatic Renewal: Unless you notify Minds before the beginning of the applicable subscription period that you want to cancel, your subscription or service 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 cancelled at any time in User settings.

b. Refund Policy: All sales of Minds tokens are final and non-refundable. Any disputes should be directed to info@minds.com.

c. Additional Users: Minds will calculate your site’s hosting charge based on estimated hours of work and 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.

d. Minds Services: Consulting and support services are provided by Minds under the terms and conditions for each such service engagement. Please contact info@minds.com for more information.

15. Content Policy

1. The Minds Content Policy (the "Content Policy"), as may be amended from time to time, is hereby incorporated by reference and made a part hereof in its entirety. Minds will notify users of any changes to the Content Policy through the notice section on https://minds.com.

16. Responsibility of Visitors

1. Minds has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating our 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.

2. 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.

3. Our website may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.

4. Our Website may also contain material posted by others 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.

17. Distribution of Minds Tokens

1. Minds Tokens are sold by Minds pursuant to the Minds Tokens Terms of Sale (“Terms of Sale”) available at https://www.minds.com/token. Users must review and agree to these Terms of Sale before purchasing Minds Tokens from Minds.

2. Minds Tokens may also be distributed by Minds in connection with the Services, including, but not limited to, in the form of user rewards and developer rewards as provided in the Minds Whitepaper, or as may be set forth in other policies of Minds, as such may be adopted from time to time (“Other Policies”).

3. Users that receive Minds Tokens from Minds acknowledge and agree that the Minds Tokens only entitle the owner to access and use certain aspects of the Minds Network and do not entitle the owner to any rights with respect to Minds, including but not limited to, ownership, voting rights or other rights. Users agree to use Minds Tokens in accordance with these Terms, the Terms of Sale, and such Other Policies, if any, and acknowledge and accept the Risk Disclosures set forth in the Terms of Sale (“Risk Disclosures”). Minds Tokens do not confer any rights other than rights relating to the provision and receipt of the Services described above, subject to limitations and conditions described in these Terms. Minds Tokens are not intended to be a virtual currency, security, derivative or any other kind of financial instrument.

4. You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold Minds Tokens, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you acknowledge that you may lose access to your Minds Tokens, and that there is no recovery possible, and that Minds cannot recover them for you and is in no way responsible for any such losses. You will implement reasonable and appropriate measures designed to secure access to (i) any device connected with the email address associated with your account, (ii) private keys required to access any relevant Ethereum address, Wallet or your Minds Tokens, and (iii) your username, password and any other login or identifying credentials.

5. By opting to receive Minds Tokens, you represent and warrant that:

a. You are agreeing to participate in the Minds Network in some manner, and understand that the ecosystem surrounding this project is not solely dependent upon the efforts of Minds, but by holders of Minds Tokens engaging with the Services;

b. You are not a citizen or resident of a country that prohibits the ownership of Minds Tokens and/or access to or use of other aspects of the Services;

c. You have sufficient understanding of cryptographic tokens, token storage mechanisms (such as token wallets), and blockchain technology to understand these Terms, the Services, and the risks and implications of purchasing or otherwise obtaining the Minds Tokens;

d. You have read, understood and agreed to these Terms, the Terms of Sale (including the Risk Disclosures), and the Minds Whitepaper, and such Other Policies, if any, and will periodically check for updates to these documents which we provide through the Services including on our website (https://www.minds.com) or other channels;

e. You understand that the Minds Tokens confer only the right to access and use certain features of the Services and confer no other rights of any form or nature with respect to the Ethereum blockchain network or Minds, including, but not limited to, any voting, distribution, redemption, liquidation, property (including all forms of intellectual property), or other financial or legal rights;

f. You understand that the features of the Services are subject to change at any time or may be unavailable or may have limited available at any time, with or without notice, and you acknowledge that your expectations regarding one or more features of the Services and/or Minds Tokens may not be met and that any failure to meet your expectations will not be deemed a breach of these Terms by Minds;

g. You agree to promptly provide to Minds, upon request, proof of identity and/or source of funds and/or other documentation or other information that Minds may request from time to time in connection with Minds’ obligations under, and compliance with, applicable laws and regulations, including but not limited to anti-money laundering legislation, regulations or guidance and/or tax information reporting or withholding legislation, regulations or guidance, or any “Know Your Customer” requirements and policies;

h. You are legally permitted to use software and contribute to the continued development of the Minds Network and the Services;

i. You will comply with any applicable tax obligations in your jurisdiction arising from your ownership and use of Minds Tokens and by holding or using the Minds Tokens, and to the extent permitted by law, you agree not to hold any third party (including developers, auditors, contractors, or founders) liable for any tax liability associated with or arising from the creation, ownership or use of the Minds Tokens or any other action or transaction related to the Services;

j. You acknowledge that the tax characterization of the Minds Tokens is uncertain, and that your use, purchase, or sale of Minds Tokens may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements, that new or future changes to United States, and non-United States tax laws could adversely affect you, Minds and/or Minds Tokens;

k. You understand and acknowledge that regulators continue to provide guidance with respect to ambiguities in existing laws and regulations in the context of crypto token sales, that lawmakers and regulators are considering and may approve new laws and regulations that govern the offering of crypto tokens, and that it is possible that a government or regulatory agency will pursue Minds and require it to suspend or cease its business operations and the platform in light of new interpretation of existing laws or regulations, or passage of new laws and regulations;

l. You are not obtaining Minds Tokens from countries or regions comprehensively sanctioned by the U.S. Office of Foreign Assets Control (“OFAC”), or on behalf of governments of these countries or regions, nor will you use the Minds Tokens to conduct or facilitate any transactions with persons or entities located in these countries or regions;

m. You are not (i) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act, (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other applicable comprehensive country sanctions or embargoes, or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons, Unverified, or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons or Foreign Sanctions Evaders Lists, or the U.S. Department of State’s Debarred Parties List. You will not use the Minds Tokens to conduct or facilitate any transactions with such persons described above. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to act on its behalf and bind it to these Terms;

n. You understand that Minds Tokens are a utility token not intended to be a digital currency, security, derivative or any other kind of financial instrument;

o. You understand and acknowledge that these Terms shall not be construed as an invitation to the public to subscribe for any securities, and you understand and acknowledge that no actions of, or documentation issued by Minds, shall be construed as such;

p. You understand that Minds is not registered with or licensed by any financial regulatory or securities authority. Accordingly, no financial regulatory or securities authority has passed upon the contents of these Terms or the merits of purchasing Minds Tokens, nor have these Terms been filed with, or reviewed by any financial regulatory or securities authority;

q. You are of a sufficient age to legally obtain and use Minds Tokens;

r. You understand with regard to Minds Tokens, that we make no guarantees or representations that you will be able to resell, trade or exchange Minds Tokens, or as to their future value, or that Minds Tokens have or may have any uses outside the Minds Network. You further understand and acknowledge that we make no guarantees or representations as to any market liquidity of Minds Tokens, and you understand and acknowledge that the value of Minds Tokens over time may experience extreme volatility or depreciate in full;

s. You understand that you bear the sole responsibility to determine if the creation, ownership or use of Minds Tokens, the potential appreciation or depreciation in the value of Minds Tokens over time, and the sale and purchase of Minds Tokens and/or any other action or transaction related to Minds Tokens or the Services have tax implications;

t. You waive the right to participate in a class action lawsuit or a class wide arbitration against any entity or individual involved with the creation of Minds Tokens;

u. You understand the creation of the Minds Token does not involve the purchase of shares or any equivalent in any existing or future public or private company, corporation or other entity in any jurisdiction;

v. You understand that you have no right against any other party to request any refund of cryptocurrency exchanged for Minds Tokens under any circumstances; and

w. You understand that you are not permitted to sell any Minds Tokens to any other User or other third party and that The Company is not responsible for any purported sale from a third party.

18. Promotions

1. Minds may, from time to time, offer Minds Tokens through promotional means such as in Rewards. Rewards will be governed by their own set of terms and conditions and it is your responsibility to abide by such terms and conditions, however, in the event there is a conflict between any Reward terms and conditions and these Terms, these Terms shall control.

2. NO PURCHASE SHALL BE NECESSARY TO PARTICIPATE IN ANY TOKEN REWARD PROGRAM.

a. Offers. Minds reserves the right, in its sole discretion, to cancel or modify any Reward offer if fraud or other failure destroys the integrity of the offer. In addition, Minds reserves the right, in its sole discretion, to extend or modify the time period during which a reward offer is available. Minds does not assume any responsibility for incorrect or inaccurate capture of registration information, technical malfunctions, human or technical error, seeding or printing errors, lost/delayed/garbled data or transmissions, omission, interruption, deletion, defect, or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Registration materials that have been tampered with or altered are void. If, in our opinion, any offer is compromised or becomes technically corrupted in any way, electronically or otherwise, we reserve the right to cancel, terminate, or suspend the offer.

b. Restrictions. There shall be no substitution, transfer or cash equivalent for Tokens received through any promotional offer, except that Minds may, at its sole discretion, substitute items or cash of comparable value as applicable. All expenses, transaction fees and costs associated with the acceptance or use of the Tokens that are not expressly specified herein, or in the Reward offer’s official rules, are your sole responsibility. All federal, state and local taxes (as applicable) are your sole responsibility.

c. Release from Liability for Rewards. By accepting the Tokens received through any Rewards offer, you agree to hold harmless Minds, its parents, affiliates, subsidiaries, officers, directors, shareholders, agents, employees and all other associates (“Released Parties”) from and against any and all claims and liability arising out of your acceptance, transfer or use of the Tokens or acceptance of any Minds offers. You assume all liability for any injury or damage caused or claimed to be caused by accepting a Minds Reward offer or use, transfer or redemption of the Tokens. Information collected during registration will be used in accordance with these Terms and statements made in any promotional offer materials.

CAUTION: ANY ATTEMPT BY ANY PERSON OR ENTITY TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A MINDS REWARD OFFER IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

d. Disputes: You agree to abide and be bound by the dispute resolution requirements as set forth in these Terms and any additional dispute resolution requirements as outlined in a specific promotion’s official rules.

19. Restricted Use

1. You may not use the Services or any associated API access to impersonate or attempt to impersonate Minds or any products or services offered by Minds; to falsely imply that you are associated with Minds, another User, or any other person or entity; or for any other fraudulent or misleading purpose. Any product or service created through any API of Minds must include a disclaimer that substantially sets forth that such product or service is not offered by Minds and that Minds does not condone sharing account credentials with any third party.

2. Your use of the Services is at all times subject to these Terms and the terms and conditions of the GNU Affero General Public License v3.0 (“AGPL-3.0”). If Minds believes, in its sole discretion, that you have violated or attempted to violate these Terms or the AGPL-3.0, your ability to use and access the Services may be temporarily or permanently revoked, with or without notice.

3. You may not farm, automate voting chains, game, manipulate or spam the site in order to gain Minds tokens in an unfair or deceitful manner.

20. Minds Content Review Policy

1. 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 such other websites and is not responsible for their contents or their use. By linking to any such other 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. Minds disclaims any responsibility for any harm resulting from your use of such other websites and webpages.

21. Changes

1. We may change or update the Services in whole or in part at any time and we reserve the right to change these Terms at any time. If we make changes to these Terms that are material, we will let you know by posting in the “Notice” section on the newsfeed of the web version of Minds, or by sending you an email or other communication. The notice will designate a reasonable period of time after which the changes to these Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms, as changed. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute arose.

22. Privacy Policy; Other Policies

1. Your access to and use of the Services is at all times subject to our Privacy Policy which addresses how we collect, use, share, and store your information. Your access to and use of the Services may be subject to one or more other policies adopted from time to time by Minds.

2. If we adopt a new policy relating to the Services that is material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.

23. Disclaimer of Warranties and Limitation of Liability

1. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

2. VIOLATION OF THESE TERMS MAY, IN MINDS’ SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT MINDS CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR MINDS, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.

3. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, MINDS OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.

4. MINDS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MINDS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.

5. MINDS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

6. YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL MINDS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE MINDS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE MINDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. MINDS SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.

8. IN NO EVENT WILL THE AGGREGATE LIABILITY OF MINDS AND THE MINDS PARTIES (JOINTLY), IN ANY ACTION OR CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, OR THE SALE OR USE OF, OR INABILITY TO USE, MINDS TOKENS IN CONNECTION WITH THE SERVICES, EXCEED THE AMOUNT YOU PAID TO US FOR MINDS TOKENS AND USE OF THE SERVICES WITHIN THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.

24. Indemnification

1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE MINDS PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE MINDS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.

25. Dispute Resolution, Arbitration; Jurisdiction

1. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH MINDS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

a. Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either Party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Minds (i) waive your and Minds’ respective rights to have any and all Disputes arising from or related to these Terms resolved in a court, and (ii) waive your and Minds’ respective rights to a jury trial. Instead, you and Minds will arbitrate Disputes through binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), to the maximum extent permitted by applicable law. (This includes the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

b. No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Minds and will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

c. Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Minds shall be sent by email to Minds at [info@minds.com]. Notice to you shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Minds cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, then either you or Minds may, as appropriate and in accordance with these Terms, commence an arbitration proceeding or, to the extent specifically provided for in these Terms, file a claim in court.

d. Process. Any arbitration will occur in the State of Connecticut. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference. The state and federal courts located in the State of Connecticut will have exclusive jurisdiction over (i) any appeals and the enforcement of an arbitration award, or (ii) any claim filed in court where permitted in these Terms.

e. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

f. Rules of JAMS. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (i) acknowledge and agree that you have read and understand the rules of JAMS, or (ii) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

g. Injunctions and Court Proceedings. With respect to any action or proceeding for which courts are an expressly permitted method of adjudication hereunder (set forth below), the exclusive jurisdiction and venue for all such actions or proceedings arising out of, or related to, these Terms will be in an appropriate state or federal court located in the State of Connecticut. (the “Designated Courts”), and the Parties hereby irrevocably consent to the personal and subject matter jurisdiction of such court, waive any claim that such courts do not constitute a convenient and appropriate venue for such actions or proceedings, and waive the right to a trial by jury. Each Party consents to service of process upon itself by means of any of the methods for delivery of notice that are specified in these Terms.

h. To the extent that arbitration pursuant to the terms of this section is not permitted under applicable law, a Party may seek resolution of any dispute in the Designated Courts.

i. To the extent the Parties mutually-agree to forego arbitration for a dispute, the Parties shall seek resolution of such dispute in the Designated Courts.

j. Permitted appeals and/or enforcement of an arbitration award shall take place in the Designated Courts.

k. Certain breaches of these Terms by a User may, by its gravity or nature, cause immediate and irreparable injury to Minds that cannot be adequately compensated for in damages, including, without limitation, infringement of Minds’ intellectual property rights. Accordingly, notwithstanding anything to the contrary in these Terms, in the event of any such breach and in addition to all other remedies available herein, Minds may seek solely injunctive relief from the Designated Courts without posting a bond or other security.

26. Governing Law

1. These Terms will be governed by and construed and enforced in accordance with the laws of the State of Connecticut, without regard to conflict of law rules or principles (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

27. Waiver and Severability

1. No waiver by Minds of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Minds to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

2. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

28. Notice

1. To you: We may provide any notice to you under these Terms by: (A) posting a notice on our website; or (B) publishing our changes on our Gitlab page; or (C) sending an email to the email address then associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.

2. To us: To give us notice under these Terms, you must contact Minds by email at [info@minds.com]. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.

3. Language: All communications and notices to be made or given pursuant to these Terms must be in the English language.

29. Entire Agreement

1. These Terms of Service and, as applicable, our Terms of Sale of Minds Tokens (all as posted at https://www.minds.com) constitute the sole and entire agreement between you and Minds regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

30. Force Majeure

1. Minds and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, changes in blockchain technology, changes in the Ethereum or Minds protocols or any other force, event or condition outside of our control.

31. Your Comments and Concerns

Please direct questions or concerns regarding these Terms or the Services to Minds at [info@minds.com].

Last Updated May 23, 2019 at 10:00:00 GMT

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