End user agreement for MindV online mind mapping tools
Copyright © 2009-2011 Shanghai yingxiang software company limited.
The User enters into this agreement on the use of MindV ("Services") with Shanghai yingxiang software company limited. The services provided by MindV are intended exclusively for persons of legal age. Shanghai yingxiang software company limited reserves the right to update, modify or revise the Terms at any time without notice to you. We suggest you check back here frequently as the Terms may change from time to time. By agreeing now you are bound by any future modification or revisions for as long as you continue using the Services. Nothing in these Terms confers any rights or benefits to any third party.
1. Shanghai yingxiang software company limited reserves the right to modify the Service with or without notice at any time and without any liability to MindV.
2. You must not abuse, harass, threaten, impersonate or intimidate other MindV users.
3. You will use the Service in compliance with all applicable laws in your jurisdiction regarding online content and acceptable content.
4. Spam is not allowed, no creating or submitting unwanted email.
5. No transmitting any worms, viruses, or code of a destructive nature.
Violation of any of these Terms will result in termination of your Service Account. Shanghai yingxiang software company limited cannot be held accountable for content posted on its web site and you may be inadvertently exposed to materials you find offensive. While Shanghai yingxiang software company limited prohibits the posting of offensive materials you agree to use the Service at your own risk.
WARRANTIES AND DISCLAIMERS; LIABILITY LIMITATIONS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SHANGHAI YINGXIANG SOFTWARE COMPANY LIMITED, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SHANGHAI YINGXIANG SOFTWARE COMPANY LIMITED ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.
IN NO EVENT SHALL SHANGHAI YINGXIANG SOFTWARE COMPANY LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION) WHETHER OR NOT MindV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, SHANGHAI YINGXIANG SOFTWARE COMPANY LIMITED MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
Each user is limited to one (1) free Service account and unlimited number of Premium accounts.
You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Users may not sell, trade, resell, or otherwise exploit for any unauthorized commercial purpose or transfer any MindV account.
Users may not send, upload, post to blog, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content.
Shanghai yingxiang software company limited does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Service account.
We will not use any of your content for any purpose except to provide you with the Service, and as otherwise provided in these Terms.
Don't upload or make available any Content that infringes upon any other proprietary rights of anyone else.
We may, but have no obligation to, remove or refuse to distribute any content on the Service, such as content, which violates these Terms.
Publishing and Sharing Content
The user has the right to publicize or not to publicize their own contents. By publicizing the Contents, the user acknowledges and agrees that anyone using this Web site can and may use the Contents without restrictions.
From time to time, publicized Contents can be used by MindV at its own discretion.
In addition, the user can allow a specified user to access and collaborate on user-created Contents. Shanghai yingxiang software company limited is not responsible for anyproblems arising from users sharing or publishing Contents.
Microsoft Office User Interface is subject to protection under U.S. and international intellectual property laws and is used by Shanghai yingxiang software company limited under license from Microsoft.
Mind Maps® is a registered trade-mark of The Buzan Organisation, Ltd. in the UK and the USA.
Mindjet® and MindManager® are registered trademarks of Mindjet Corporation, USA
All other trademarks are the property of their respective owners.
Users May Not
Remove any copyright, trademark or other proprietary rights notices contained in or on the MindV Online Service.
Reformat or frame any portion of the web pages that are part of the MindV Online Service.
Termination and Cancellation of Membership
Users of the Free MindV Service may cancel the service with or without cause at any time. Users may deliver notice of termination by sending an e-mail to email@example.com
Users of the Prefessional MindV Service may terminate without cause the Prefessional Membership at the end of their subscription period. After terminating a Prefessional Membership the MindV account automatically reverts to the Free MindV Service.
Return and Refund Policy
Any individual or business asking a refund on his/her or its purchase will receive a refund from us - if it is within the 14 (fourteen) days return period. To request a refund, please contact us, within 14 (fourteen) days from your purchase, by sending us an e-mail to: firstname.lastname@example.org.
Fees and Payments
Shanghai yingxiang software company limited reserves the right at any time to charge or modify fees for access to portions or whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Shanghai yingxiang software company limited requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay any fees charged by Shanghai yingxiang software company limited, Shanghai yingxiang software company limited shall have the right to cease providing the Service to you.
Links to Third Party Sites
SOME LINKS ON MINDV'S WEBSITE WILL LET YOU LEAVE MindV'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MINDV AND SHANGHAI YINGXIANG SOFTWARE COMPANY LIMITED IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MINDV IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. MINDV IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MINDV OF THE SITE.
Shanghai yingxiang software company limited reserves the right to terminate your account if you fail to login to your account for a period of nine months. If an account has been deactivated for inactivity, any email address provided by MindV and associated with that account might be given to another user without notice to you or such other party.
Choice of Law; Jurisdiction
Member Account, Password and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Shanghai yingxiang software company limited immediately of any unauthorized use of your account or any other breach of security. Shanghai yingxiang software company limited will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MindV or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
To help ensure the security of your password or account, please sign out from your account at the end of each session.
Transfer Of Information