MIN’S MEDIA TERMS OF SERVICE

 

Additional Policies and Agreements

The use of Min’s Media Services is also determined by the following policies, which are included by reference. By using Our Services, you also agree to the terms of the following policies.

*by agreeing to our terms of service, you are agreeing to that of our domain registrar as well

 

Additional terms may also apply to certain Services and are combined by reference herein as applicable

 

User Agreement

These Terms of Service (“Terms”) cover your use of and access to the sites, templates, products, applications, tools, and features (collectively, the “Services”) provided by Min’s Media. (together with its officers, directors, employees, agents, subsidiaries, and affiliates, “Min’s Media”). Our Privacy Policy explains what personal information we collect and how it’s used and shared, and our Acceptable Use Policy outlines some of your responsibilities when using the Services.

By using or accessing the Services, you’re agreeing to these Terms, our Privacy Policy and our Acceptable Use Policy (collectively, this “Agreement”).

Agreeing to Min’s Media’s Acceptable Use Policy and Terms of Service is mandatory for using our services. If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

 

Please make sure you read everything carefully. If any of these is infringed, we reserve the right to suspend such violating websites.

 

We don’t Create HYIP websites. This is as well as sites relating to extreme money making, gambling, e-gold doublers, Fraud, pornography etc.

 

1. Introduction

Min’s media is a website building company, that creates high-quality low-cost websites for individuals and SME’s.

1.1. Our Purpose

Our services are created to allow for the maximum exposure of SME’s in Africa and across the world by creating a beautiful and engaging online presence for them in terms of a website.

 

1.2    Creating a Website

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 18 years old to use Min’s Media’s services.

 

*Account* After signing up, a username and password are given to you, as an access pass to your website.

From henceforth the term Account refers to that access pass as well as the website created for you.

 

1.2.1 Signing Up. To use the Services, you must first pay for the service you are interested in. You agree to provide us with accurate, complete and updated information for your Account with us. We may need to use this information to contact you.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) (e.g. [email protected]) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Min’s media, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Min’s Media is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email via [email protected] Providing false contact information of any kind may result in the termination of your account, without a refund.

 

1.2.2 Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

 

1.2.3 Eighteen And Older. The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you’re at least 18. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).

2 YOUR RESPONSIBILITIES

2.1. You represent and warrant that:

  1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Min’s Media’s Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Min’s Media Terms;
  2. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  3. you understand that Min’s Media does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

And specifically regarding your User Content:

  1. you own all rights in and to any content uploaded by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content;

2.the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your User Website’s visitors and users (“End Users”) reside, or for Min’s Media and/or your End Users to use or possess in connection with the Min’s Media’s Services;

3.you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Min’s Media Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the Min’s Media’s Services which occur under your User Account and/or User Website(s), and for any of your User Content (including for any consequences of using or publishing such User Content on or with respect to the Min’s Media’s Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Website, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
  4. receive from time to time promotional messages and materials from Min’s Media or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow Min’s Media to use in perpetuity, worldwide and free of charge, any version of your User Website (or any part thereof) for any of Min’s Media marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Min’s Media or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses;
  6. Min’s Media’s sole discretion as to the means, manner, and method for performing the Min’s Media’s Services, including those regarding the hosting, transmission, publication and/or display of any User Websites and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

 

2.3. You agree and undertake not to:

 

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Min’s Media Website, the Min’s Media Services (or any part thereof), any Content offered by Min’s Media or Third Party Services for use and display within User Websites (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Min’s Media prior written and specific consent and/or as expressly permitted under the Min’s Media’s Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Min’s Media or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. publish and/or make any use of the Min’s Media Services or Licensed Content on any website, media, network or system other than those provided by min’s Media, and/or frame, “deep link”, “page-scrape”, mirror and/or create a browser or border environment around any of the Min’s Media’s Services, Licensed Content and/or User Website (or any part thereof), except as expressly permitted by Min’s Media, in advance and in writing;
  4. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Min’s Media Services (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Min’s Media Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Min’s Media Services.
  5. act in a manner which might be perceived as damaging to Min’s Media’s reputation and goodwill or which may bring Min’s Media into disrepute or harm;
  6. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Min’s Media or Min’s Media Marks and/or variations and misspellings thereof;
  7. impersonate any person or entity or provide false information on the Min’s  Services and/or User Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Min’s Media and/or any End Users;
  8. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Min’s or any third party endorses you, your User Website, your business, your User Products, or any statement you make;
  9. reverse look-up, trace, or seek to trace another User of Min’s Media Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Min’s Media  Services and/or User Website without their express and informed consent;
  10. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Min’s Media Services, User Website, the account of another User(s), or any other systems or networks connected to the Min’s Media Services, by hacking, password mining, or other illegitimate or prohibited means;
  11. probe, scan, or test the vulnerability of the Min’s Media’s Services or any network connected to the Min’s Media Services;
  12. upload to the Min’s Media Services and/or User Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  13. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Min’s Media Services or Min’s Media systems or networks connected to the Min’s Media Services, or otherwise interfere with or disrupt the operation of any of the Min’s Media Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  14. use any of the Min’s Media Services and/or User Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  15. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Min’s Media Services, except as expressly permitted by the Min’s Terms;
  16. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Min’s Media Services and/or Licensed Content; or
  17. violate, attempt to violate, or otherwise fail to comply with any of the Min’s Media Terms or any laws or requirements applicable to your use of the Min’s Media Services.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. And as the case may be lead to legal prosecution.

 

  1.   Content

 

Note: All your content is hosted on our server, which is a shared resource. You do not have exclusive rights to the full server as it is shared amongst multiple users, to enable us to provide the discounted service prices we use

All services provided by Min’s Media may only be used for lawful purposes. The laws of the Nigeria apply.

When you upload content to your website, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction.

3.1. Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

 

3.2. Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of Min’s Media marketing and promotional activities. For example, we may feature Your Sites on our Website page, Portfolio page or on our social media accounts. We can also quote you as a client/ past client in any of the platforms already mentioned and more This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at any time via the Services or by contacting Customer Care ([email protected])

 

3.3. Your License To Us. When you provide User Content via the Services, you grant Min’s Media a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

The customer agrees to indemnify and hold harmless Min’s Media from any claims resulting from the use of our services

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required.

If the request is a licensing issue, we may require further documentation.

Using your website as a backup/storage device is not permitted.

Examples of unacceptable material on our servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to Rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Pornographic Sites
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts

Min’s Media services, including all related equipment, networks and network devices are provided only for authorized customer use. Min’s Media systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Min’s Media system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Min’s Media may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host pornography or linking to pornography will be suspended immediately without notice.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

4     Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

5    Payment Information

You agree to supply appropriate payment for the services received from Min’s Media, in advance of the time period during which such services are provided. You agree that until and unless you notify Min’s Media of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of Min’s Media, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify Min’s Media of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by Min’s Media.

It is the customer’s responsibility to notify our support team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Min’s Media cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

No refunds can be given, once a website is renewed. All website registrations and renewals are final. Min’s Media reserves the right to change the annual payment amount and any other charges at any time.

6    Cancellations and Refunds

  • Min’s Media reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
  • Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
  • Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
  • To ensure fair service to us and other clients, any job that exceeds one week due to client delays would attract an additional NGN1000 per day, failure to pay would lead to termination of the contract without refund.
  • Cancellations must be done at most a day after payment to be eligible for a full refund, Eligibility is based on the work progress so far if no work has been done, a full refund may be granted.
  • Any cancellation done 2-3 days after payment would be entitled to a 60% refund and anything later than that attracts a 30% refund.
  • Violations of the Terms of Service will waive the refund policy.

7. Service Fees

7.1. Paid Services

 

The use of certain Min’s Media Services may be subject to payment of particular fees, as determined by Min’s Media in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Min’s Media will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

Min’s Media reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, Min’s Media shall have the right to automatically and without notice renew your subscription to such Min’s Media Service(s) at the full applicable Fee.

All Fees shall be deemed to be in Nigerian Naira or US Dollars (depending on the region), except as specifically stated otherwise in writing by Min’s Media. To the extent permitted by law (and unless specified otherwise by Min’s Media in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Min’s Media Services, or to any payments or purchases made by you. If Min’s Media is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Min’s Media is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize Min’s Media (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Min’s Media or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your card company).

 

Min’s Media and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Min’s Media (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

 

7.2. Subscription Renewals

In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the Min’s Media will contact you to remind you of your pending fee.

 

For example, if the original subscription period for a Service is one year, each of its renewal periods (where applicable) will be for one year. Therefore, unless you cancel the applicable Min’s Media Service(s), Min’s Media will renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the Min’s Media Services you use (whether or not such Min’s Media Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Min’s Media Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Min’s Media Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Min’s Media in relation to the discontinuation of any Min’s Media Services or Third Party Services, for whatever reason.

 

8    E-COMMERCE

 

Min’s Media’s  Services also include certain features which enable you to sell goods, content, media, and services through your User Website (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Website, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

 

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
  2. Any Taxes indicated by the E-Commerce features provided to you by Min’s Media are solely provided for illustration purposes only, and may not be relied on in any way;
  3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
  4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information in your User Website for any questions, complaints or claims; and
  5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
  6. Min’s Media may, at any time and at its sole discretion, suspend, disable access to or remove your User Website and/or any User Products – whether or not incorporated, published with or made a part of your User Website at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

 

9. Third Party Services

The Min’s Media Services enable you to engage and procure certain third party services and tools for enhancing your User Website and your overall user experience, including plugins from WordPress market).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Min’s Media Services, offered separately by Min’s Media or persons certified or authorized by Min’s Media, or otherwise offered anywhere on the Min’s Media Services), Min’s Media merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Min’s Media will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility and may be subject to such legal terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, Min’s Media may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Website(s) and/or the Min’s Media Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Website(s) at such time – without any liability to you or to any End Users.

 

10. Disclaimer of Warranties

We provide the Min’s Media Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Min’s Media Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Min’s Media Services – so please be sure to verify those before using or otherwise engaging them.

Min’s Media may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Website and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Min’s Media be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Min’s Media Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Min’s Media shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Min’s Media Services and/or connecting and/or dealing with any Third Party Services through or in connection with Min’s Media Services and that Min’s Media cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

Min’s Media does not recommend the use of the Min’s Media Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain Min’s Media Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain Min’s Media Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Min’s Media Services at this BETA stage signifies your agreement to participate in such Min’s Media Services’ BETA testing.

 

11. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Min’s Media, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Min’s Media Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Min’s Media Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Min’s Media Services; (6) events beyond the reasonable control of Min’s Media, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Min’s Media Services.

You acknowledge and agree that these limitations of liability are agreed on allocations of risk constituting in part the consideration for Min’s Media’s services to you, and such limitations will apply even if Min’s Media has been advised of the possibility of such liabilities.

 

12. Indemnity

You agree to defend, indemnify and hold harmless Min’s Media, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Min’s Media Terms; (2) your violation of any third party right, including any copyright, property, or privacy right, resulting from your User Website or User Content and/or your use of the Min’s Media Services; and/or (3) any other type of claim that your User Website and/or User Content caused damage to a third party.

Disclosure to law enforcement

 

Min’s Media may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

13 Entire Agreement

 

These Terms of Use, together with the Min’s Media Terms and any other legal or fee notices provided to you by Min’s Media, shall constitute the entire agreement between you and Min’s Media concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Min’s Media and you, including those made by or between any of our respective representatives, with respect to any of the Min’s Media Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Min’s Media in entering into any of the Min’s Media Terms