Terms of Service
Welcome! Thank you for joining Guided Minds. We (Guided Minds, Inc. or simply Guided Minds) think you will find that our social network uplifting. Before you use Guided Minds, please read this document so you can better understand what is expected of you and what you can expect from us. These terms of service ("Terms") constitute a binding agreement between us, and contain the rules that the both of us are governed by with regard to your use of the Guided Minds website at www.guidedminds.com (the "Website"), the Guided Minds Service (“the Service”) and the Application (as defined below)(collectively, “Guided Minds”), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application. Please read these Terms carefully before using our Website, Application or Service. By using or accessing any part of the Website and/or Application or by, at any time, posting or viewing any messages or other audio/visual content, you agree to be bound by these Terms. Please understand that we may change these Terms from time to time by changing them on this page.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW CAREFULLY, AS YOU ACKNOWLEDGE AND AGREE THAT YOU AND GUIDED MINDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST GUIDED MINDS. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms are between you and Guided Minds, Inc. (“Guided Minds”) which is corporation registered in the state of Delaware, U.S.A., with offices located at 2 Watergate Drive, Amawalk, New York 10501. When used in these Terms, the terms “us”, “we” and “our” refer to Guided Minds.
Simply put, the Guided Minds service (the “Service”) and Application provides a unique social network experience that allows people to share their difficult life experiences. By connecting people that share similar difficulties, our hope is that we can foster a supportive community that enables and strengthens our members.
Although we want our members to share their experiences, it is possible that some may post content to the Service that may infringe on another’s intellectual property rights. Please understand that Guided Minds does not have the resources to actively police the Service for intellectual property infringement. Accordingly, if you believe your intellectual property is being infringed, contact us by email at email@example.com and complete the online form and we will investigate your claim.
In order to be able to use the Service or the Application, you must first set up an account with Guided Minds. Setting up your account can be accomplished through our Website (www.guidedminds.com) or through the Guided Minds Application. When setting up your account, you must provide Guided Minds with certain personal information, including your address, email address, and telephone number. Your account must be secured with a password of your choice, subject to Guided Minds’ reasonable requirements concerning the composition of your password. Upon successfully signing up with Guided Minds, Guided Minds will provide you with a personal account that you may access through our Website or the Application. You may only create and use one account with us for your personal use (an “Account”). By using the Service and/or Application or clicking on “accept” button, you are agreeing to be bound by the foregoing representations.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Guided Minds has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Guided Minds has the right to block your current or future use of the Service and/or terminate this Agreement with you. If your Account is cancelled for any or no reason you will no longer have access to the Service.
You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third-party login that we may integrate into the Service now or in the future. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify Guided Minds of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Guided Minds will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.
In order to use our Service and Application, you will be required to set up an account. We have tried to make setting up your account easy. Upon logging into the Website or running the Application, you will be presented with the opportunity to create an account. Please select a user or screen name (this is the name that will indicate you as the player on both our Website and Application). You will also be asked to provide your address, telephone number and a valid email address and to create a password. We may also ask you to select one or more security questions and provide answers so as to add an additional layer of security. Once you submit the requested information, we may send you an email to the email address you provided so as to authenticate and activate your account.
If you have any issues with your account, you may contact us at firstname.lastname@example.org and we will assist you in resolving your issues.
You have an ongoing obligation to make sure that the information you provide to Guided Minds is accurate and complete and to keep this information current. So, for example, if you change your phone number, address or email address, you will promptly update this information on the Website or in the Application. Guided Minds is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons. You agree not to access or use the Service or Application except as authorized by Guided Minds. It is your responsibility to ensure you permit the Application to update as necessary so that all times you are using the latest version of the Application. Please note that internet charges may apply from your internet service provider which are your responsibility, as Guided Minds has no affiliation with your internet service provider. You are also responsible for installing the proper version of the Application on your device and to make sure your device meets the minimum specifications required for that version of the Application. The specifications for the Application are located on the Website. Guided Minds is not responsible for your difficulties if your device is not compatible with the Application or if you download the wrong version of the Application for your device. Guided Minds reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible device. By using the Website, Application or the Service, you further agree that:
1. You will comply with all applicable laws in connection with your use of the Website, Application or the Service, including, without limitation, laws regarding online conduct;
2. You will only use the Service or download and use the Application for your sole, personal use and will not resell it to a third-party;
3. You will not sell, assign or otherwise transfer your account to another person or entity without Guided Minds written consent (which may be provided via email), such consent being wholly within the discretion of Guided Minds;
4. You will not attempt, through any means, to gain unauthorized access to any part of the Website, Application or the Service, other account, computer system, and/or network connected to any Guided Minds or the Guided Minds server(s) and not to otherwise use the Website, Application or the Service in any manner that could damage, disable, overburden, and/or impair any Guided Minds or Guided Minds server, or the network(s) connected to any Guided Minds or Guided Minds server, and/or interfere with any other party's use and enjoyment of the Website, Application or the Service;
5. You will not “deep-link” or frame to the Website and/or access the Website, Application or the Service manually and/or with any robot, spider, web crawler, extraction software, automated process, and/or device or other means to scrape, copy, and/or monitor any portion of the Website and/or any materials and/or other content on the Website, unless specifically authorized in writing by Guided Minds;
6. You will not conduct any scraping, indexing, surveying, data mining, or any other kind of systematic retrieval of data or other content from the Website;
7. You will not to create or compile, directly or indirectly, any collection, compilation, database, or directory from the Website, Application or the Service;
8. You will not authorize others to use your account without the written consent of Guided Minds (which may be provided via email), such consent being wholly within the discretion of Guided Minds;
9. You will not access or use the Website, Application or the Service using a third-party's account/registration without the express consent of the account holder and you will not to attempt to impersonate another user or person;
10. You will not advertise to, or solicit, any user or other business to buy or sell any products or services, or use any information obtained from the Website, Application or the Service in order to contact, solicit, or advertise or sell to any user or other business, in each case, unless specifically authorized in writing by Guided Minds;
11. You will not use the Website, Application or the Service for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
12. You will not use the Website, Application or the Service to cause nuisance, annoyance or inconvenience;
13. You will not harass, annoy, intimidate, or threaten other Guided Minds account holders and users or any Guided Minds employees, contractors, or agents engaged in providing any portion of the Guided Minds Services;
14. While using any portion of the Service, you will not engage in rude, disruptive and/or abusive behavior, and the determination of whether such behavior is prohibited shall be in our sole discretion;
15. You will not engage in any criminal or tortious activity, including, without limitation, fraud, spamming (including, without limitation, by email or instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or otherwise deleting the copyright or other proprietary rights notice from any portion of the Website, Application or the Service;
16. You will not disrupt, interfere with, or otherwise harm or violate the security of the Website, Application, Service, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites;
17. You will not impair the proper operation of the Guided Minds network;
18. You will not try to harm the Website, Application or the Service in any way whatsoever;
19. You will not copy, or distribute all or portions of the Website, Application or the Service other Guided Minds content without written permission from Guided Minds;
20. You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
21. You will provide us with whatever proof of identity we may reasonably request;
22. You will only use our Website, Application or the Service through an internet connection you are authorized to use;
23. You are aware that using Guided Minds requires an internet connection and that internet services fees may apply which shall be your responsibility;
24. You will not use the Website, Application or the Service with an incompatible or unauthorized device; and
25. You will not use the Website, Application or the Service for any illegal purposes or in any way otherwise inconsistent with any and all applicable laws, rules, and regulations. You agree to comply with the above user conduct, and agree not assist or permit any person in engaging in any conduct that does not comply with the above user conduct. Further, you agree that the consequences of commercial use or re-publication of materials from the Website, Application or the Service or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Guided Minds will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages. Furthermore, Guided Minds reserves the right to immediately terminate the Service and the use of the Website, Application or the Service should you not comply with any of the above rules.
Subject to your compliance with these Terms, Guided Minds grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your devices that you own or control and to run such copy of the Application solely for your own personal use.
YOU SHALL NOT:
1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Service or Application in any way;
2. modify or make derivative works based upon the Service or Application;
3. create Internet "links" to the Service or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
4. reverse engineer or access the Application in order to: a) design or build a competitive product or service; b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or c) copy any ideas, features, functions or graphics of the Service or Application, or d) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. misuse the Website and/or the Application (including by hacking or "scraping").
5. send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws;
6. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third-party privacy rights;
7. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
8. interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
9. attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
Guided Minds will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Guided Minds may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Guided Minds has no obligation to monitor your access to or use of the Website, Service, or Application, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Guided Minds reserves the right, at any time and without prior notice, to remove or disable access to the Service, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Website, the Service or Application.
For the purpose of these Terms, the following definitions apply: "Content" means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials. "Guided Minds Content" means Content owned or used by Guided Minds, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third-party, but excluding User Content. "Guided Minds Group" means collectively Guided Minds and any other affiliate, subsidiary, parent or sister company of Guided Minds. "User" means a person who lawfully accesses or uses the Website, Service or Application. "User Content" means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application, including but not limited to forum messages and audio and/or visual content. Unless otherwise stated, the copyright and other intellectual property rights in the Website and/or Application and in material published on them (including without limitation photographs and graphical images) are owned by us or the author of User Content. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in United States and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or User Content, except as expressly permitted in these Terms. You may not reuse any User Content without first obtaining the written consent of Guided Minds and the author of User Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Guided Minds, its licensors, or any User except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved. Guided Minds respects the intellectual property of others, and we ask all of our Users to do the same. Other than User Content that is the subject of your license grant as provided below, if you believe that your intellectual property has been copied and is accessible on the Website, Service or Application in a way that constitutes infringement, please email us.
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, THEN DEPENDING ON THE JURISDICTION, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Guided Minds and its affiliates that your copyrighted material has been infringed. In accordance with the U.S. Digital Millennium Copyright Act (DMCA) and other applicable law, Guided Minds has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Guided Minds may also in its sole discretion limit access to the Sites and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Guided Minds may provide you with interactive opportunities on the Website or Application, and you may decide to share User Content. You represent and warrant that you are the owner of and/or otherwise have the right to provide all artworks, sound effects, information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Guided Minds through the Sites or otherwise in connection with your use of our services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third-party login (“User Content”). User Content includes, without limitation, textual, visual, or audio content and information, whether transmitted via the Sites, Application, forum postings, or otherwise.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. By providing User Content to Guided Minds, you grant Guided Minds an irrevocable, non-exclusive, sublicensable, royalty-free, perpetual right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium now known or hereafter invented (collectively, the “Uses”) and throughout the world without notification to and/or approval by you ("License Grant").
You further grant Guided Minds a license to use your username and/or other specific user profile information (but not your personal information such as name, address, telephone numbers, email address, or financial information), including, without limitation, your ratings history and how long you have been an Guided Minds user, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you unless you specifically opt out of permitting us to use your profile information in accordance with your Account Preferences located [here]. Further, if you provide any suggestions, input, or other feedback relating to the Sites or the services we provide (collectively, the “Feedback”), Guided Minds shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant Guided Minds a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose.
Guided Minds alone (and its third-party licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by Guided Minds. “Guided Minds”, logo, and the product names associated with the Application and Service are trademarks of Guided Minds, its affiliated companies or third parties, and no right or license is granted to use them.
User Content transmitted to certain parts of the Website or Application and certain Interactive Areas, may be posted in public areas on our Website and Application, including, without limitation, in a compilation format, and as such will be publicly visible and accessible. You further understand and agree that you may be exposed to third-party User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Guided Minds and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your User Content, or for any damages you allege to incur as a result of or relating to any third-party User Content. You acknowledge that Guided Minds only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third-party for the content or accuracy of the User Content. Guided Minds does not continuously monitor User Content published by you or moderate between Users, nor shall Guided Minds be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Guided Minds. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third-party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify Guided Minds, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by Guided Minds or its affiliated companies, including reasonable attorneys’ fees related to any User Content posted or transmitted by you or your use of the Website, the Service or the Application. Guided Minds reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Guided Minds believes is not in accordance with these Terms (including materials which infringe or may infringe third-party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Guided Minds. You agree to promptly notify Guided Minds in writing of any User Content which breaches these Terms. You agree to provide to Guided Minds sufficient information to enable Guided Minds to investigate whether such User Content breaches these Terms. Guided Minds agrees to make good faith efforts to investigate such complaint and shall take such action as Guided Minds in its sole discretion decides. However, Guided Minds does not warrant or represent that it will block or remove (in whole or in part) such User Content.
By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Website or Application. We expect your cooperation in upholding our standards. You are responsible for all of your User Content. You agree not to provide any User Content that:
• is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another's privacy, hateful, and/or racially, ethnically, and/or otherwise objectionable; has a commercial, political, or religious purpose;
• is false, misleading, and/or not written in good faith;
• infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
• is illegal and/or promotes illegal activity;
• contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
• is intended to interrupt, destroy, or limit the functionality or integrity of any computer software, hardware, or materials on the Website or Application or other websites.
We do our best to encourage civility and discourage disruptive communication on the Website and Application. We also do our best to discourage communications that incite others to violate our standards. Guided Minds may monitor any and all use of the Website and Application, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Website and Application in a manner intended to protect our property and rights and to facilitate the proper functioning of the Website and Application. If any User Content or conduct on our Website and Application violates our standards, or any other terms and conditions of this Agreement; or interferes with other peoples' enjoyment of the materials or our Website and Application; or is inappropriate in our judgment; we reserve the right, in our sole discretion, to change, delete or remove, in part or in full, any such User Content, and we further reserve the right to terminate or suspend access to any interactive areas of the Website or Application, or the Website and Application themselves. Guided Minds will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with User Content.
By voluntarily providing your email address to Guided Minds, you agree that Guided Minds may contact you by email, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand that such communications may be sent using an automated process. You may unsubscribe from receiving email messages from Guided Minds at any time. However, if you wish to unsubscribe from such email communications related to your account, Guided Minds reserves the right to suspend your account until such time as you permit Guided Minds to resume such email communications. ***To unsubscribe email communications, click on your Account button/option on either the Website or Application and select “Preferences”. Select “Email Preferences” and deselect the boxes associated with the communications that you wish to discontinue. Then hit the “Accept” button. If you have any questions about the process, please email us at email@example.com.
The information, recommendations and content provided to you on or through the Website, the Service and the Application are for general information purposes only and do not constitute advice. Your use of the Service and Application are at your sole risk. Accordingly:
THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND ALL OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GUIDED MINDS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS AND/OR THE OTHER CONTENT ON THE WEBSITE, APPLICATION AND SERVICE WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. GUIDED MINDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT GUIDED MINDS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE WEBSITE, APPLICATION OR SERVICE, THE MATERIALS, AND/OR OTHER CONTENT ON THE WEBSITE, APPLICATION OR SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU. GUIDED MINDS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND GUIDED MINDS'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GUIDED MINDS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
The Website or Application may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third-party Websites"). Guided Minds does not review, monitor, operate and/or control the Third-party Websites and Guided Minds makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-party Websites. By providing access to Third-party Websites, Guided Minds is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third-party Websites, including, without limitation, providing information, materials and/or other content to the Third-party Websites, is entirely at your own risk. Guided Minds reserves the right to discontinue links to any Third-party Websites at any time and for any reason, without notice.
By accepting these Terms and using the Application or Service, you agree that you shall indemnify and release Guided Minds, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third-party, or your use or misuse of the Application or Service.
By using our Services, if there is a dispute between you and us regarding the accuracy or information provided on or through our Website, Application or Service, you may contact us directly and we will attempt to resolve your dispute. Nothing in these Terms shall be interpreted as limiting your legal rights in any way with regard to any such disputes, including your right to seek relief in the courts of any applicable jurisdiction. However, your legal rights regarding the resolution of disputes involving third parties may be limited or otherwise governed by separate agreements or Terms of Service you may have entered into involving these third parties. In any dispute regarding the two of us, you acknowledge and agree that you and Guided Minds are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding against Guided Minds.
Termination:You are entitled to terminate your use of the Service at any time by permanent deletion of the Application installed on your device, thus disabling the use by you of the Application and the Service. You can close your user account at any time by following the instructions on our website. Guided Minds is entitled to terminate your use of the Service at any time without notice and with immediate effect (by disabling your use of the Application and the Service) for any reason, including, if you: violate or breach any term of these Terms, or in the opinion of Guided Minds, misuse the Application or the Service.Entire Agreement: The Terms (including any referenced documents) constitute the entire agreement between you and Guided Minds and governs your use of the Website, Application and Service, superseding any prior version of these Terms between you and Guided Minds.Waiver and Severability: The failure of Guided Minds to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of these Terms or the application of any such provision to any individual, corporation or other entity or to any circumstance is held invalid, the remainder of these Terms, and the application of such provision other than to the extent it is held invalid, will not be invalidated or affected thereby.Modification: Guided Minds reserves the right, at its sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Website, Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. Guided Minds may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. The most current version of these Terms will always be posted under the "Terms of Service" link available on our Sites ("Updated Terms"). If we make a material change to the Terms, we may notify you. You agree that you will review the Terms periodically. By continuing to access and/or use the Sites after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Sites. Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute.Notice: Guided Minds may give notice by means of a general notice on the Service or Application, or by email to your email address on record in your account information, or by written communication sent by regular mail to your address on record in your account information.Assignment: You may not assign your rights under these Terms without prior written approval of Guided Minds.Applicable Law and Venue For Disputes: These Terms shall be governed by and construed in accordance with the domestic laws of the State of New York, United States of America, including New York’s statutes of limitation periods governing any causes of action accruing hereunder, and without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York, including any other jurisdiction’s statutes of limitation. For purposes of any proceeding arising under or with respect to this agreement, the parties submit to the exclusive jurisdiction and venue of the courts of the State of New York and of the United States located in the County of Westchester, State of New York; and the parties agree not to raise and hereby affirmatively waive any objection to or defense based on the venue of any such court or based upon forum non conveniens.Contacting Us: If you have any questions regarding this Agreement, please visit our “Contact Us” page for answers and our contact information or email [firstname.lastname@example.org].
A. Personal Data collected when setting up your account. When you set up your account with us (Guided Minds), we may ask from you your real name, a username, screen name, or nickname, email address, physical address, and telephone number.B. Personal Data collected and processed when using our service. When using our service, we may collect and process data including your IP address, geographic location, browser type and version (if applicable), the website/page that you clicked to get to our site (if applicable), the length of your visit to our website or use of our products or service, the different pages you viewed together with any website navigation paths, and information related to the times you used our products or service.C. User-provided materials collected. In addition, when using our service, we will be collecting and processing whatever materials you post for publication in any of our forums. These include any pictures, audio recordings, video recording, and any text.D. Personal Data collected in connection with your profile. We will collect information from you when you set up your profile with us. This information may include your real name, address, telephone number, email address, photographs or other images you wish to use in connection with your profile, gender, date of birth, relationship status, interests and hobbies, educational details, reasons for interest in service and expectations.E. Personal Data collected when we communicate with each other. There may be times when you contact us or we contact you. In those cases, we may collect, and process information related to these communications, including the email address used, username, and metadata associated with the communication (either email metadata or metadata created by our website contact forms). “Metadata” refers to the information about other information. So, in the case of emails, it would include information about their origins, destinations and timing/creation dates.F. Personal Data collected related to our customer relationships. In the course of providing our service, we may collect Personal Data related to you from you or other sources. These other sources could include other goods or service providers that do business with you through or in relation to our service. This information could include your name, address, other contact details (like email address, telephone number, delivery address, etc.), purchase history, transaction information, and any communications between you, us, or another goods or service provider doing business through or in relation to our service.G. Personal Data collected related to periodic automated correspondence. As part of our service, we may decide to send out periodic emails or newsletters to our users containing news, upcoming events, product or service offerings, new content, informative articles, or any other information (text, audio or visual) customarily contained in periodic newsletters. You will always have the choice of opting in or out of these periodic communications. So, we will be collecting information regarding your preference for receiving or not receiving such communications, along with your contact details for the delivery of such communications.
A. Personal Data collected when setting up your account as per Section I(A). We use this information in order to create your account so that you may use our service. We also use this information to help ensure the security of our website and applications, and we store this information in backups for your protection. In addition, we use this information when we communicate with you.B. Personal Data collected and processed when using our service as per Section I(B). We use this information to enable you to fully use our service, as well as to provide us with analytics information so as to enable us to manage and improve our service.C. Personal Data collected in connection with user provided materials as per Section I(C). We use this information to help us monitor your use of our service as well as to facilitate the operation of our service.D. Personal Data collected in connection with your profile as per Section I(D). We use this information to help us monitor your use of our service as well as to better cater to your specific preferences.E. Personal Data collected when we communicate with each other as per Section I(E). We use this information to help us manage and improve our customer service.F. Personal Data collected related to our customer relationships as per Section I(F). We use this information to help us manage our customer relationships and to better serve you.G. Personal Data collected related to periodic automated correspondence as per Section I(G). We use this information to help with the offering, marketing and selling of relevant goods and/or service to you.
A. Personal Data collected when setting up your account as per Section I(A). We collect this information from you when you set up your account.
B. Personal Data collected and processed when using our service as per Section I(B). We collect this information from you as you use our service. We may also collect this type of information from other parties in connection with your use of our service.
C. Personal Data collected in connection with your profile as per Section I(C). We collect this information from you when you set post user content.
D. Personal Data collected in connection with your profile as per Section I(D). We collect this information from you when you set up your profile with us or when you access it to make any changes to it.
E. Personal Data collected when we communicate with each other as per Section I(E). We collect this information from you as you use our service and when we communicate with each other.
F. Personal Data collected related to our customer relationships as per Section I(F). We collect this information from you and possibly others as you use our service.
G. Personal Data collected related to periodic automated correspondence as per Section I(G). We collect this information from you as you use our service and specify your preferences regarding our automated correspondence.
A. Cookies/Tracking Technologies:
We use tracking technologies, such as cookies, local storage, and pixel tags.
B. What are Cookies?
For almost any modern website or service such as ours to work properly, it needs to collect certain basic information on its users. To do this, a site will create files known as cookies. These are small files that are stored on its users’ computers and other devices. These cookies are designed to allow our website to recognize its users on subsequent visits, or to authorize other designated websites to recognize these users for a particular purpose. Cookies do a lot of different jobs which make your experience of the internet much smoother and more interactive. For instance, they are used to remember your preferences on sites you visit often, to remember your user ID and the contents of your shopping baskets, and to help you navigate between pages more efficiently. They also help ensure that the advertisements that you see online are more relevant to you and your interests. Some data collected is designed to detect browsing patterns and approximate geographical location to improve user experience. Some websites may also contain images called "web beacons" (also known as "clear gifs"). Web beacons only collect limited information, including a cookie number, a timestamp, and a record of the page on which they are placed. Websites may also carry web beacons placed by third party advertisers. These beacons do not carry any personally identifiable information and are only used to track the effectiveness of a particular advertising campaign (for example by counting the number of visitors). Information collected by cookies is now classed as Personal Data.
D. What are the different types of Cookies and which ones do we use?
There are two types of Cookies:
• Persistent cookies remain on a user’s device for a set period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
• Session cookies are temporary. They allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Once you close the browser, all session cookies are deleted. Cookies also have, broadly speaking, four different functions and can be categorized as follow: ‘strictly necessary’ cookies, ‘performance’ cookies, ‘functionality’ cookies and ‘targeting’ or ‘advertising’ cookies. Strictly necessary cookies are essential to navigate around a website and use its features. Without them, you wouldn’t be able to use basic service like registration or shopping baskets. These cookies do not gather information about you that could be used for marketing or remembering where you’ve been on the internet. Examples of how we use ‘strictly necessary’ cookies include: • Setting unique identifiers for each unique visitor, so site numbers can be analyzed.
• Allowing you to sign into our website as a registered user. Performance cookies collect data for statistical purposes on how visitors use a website, they don’t contain personal information such as names and email addresses and are used to improve your user experience of a website.
The following are some examples of how we use performance cookies:
• Gathering data about visits to the website, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come from.
• For comparison with other websites using data collected by industry-accepted measurement and research companies. Information supplied by performance cookies helps us to understand how you use the website; for example, whether or not you have visited before, what you looked at or clicked on and how you found us. We can then use this data to help improve our service. We generally use independent analytics companies to perform these services for us and when this is the case, these cookies may be set by a third-party company (third party cookies). If you have registered with the website we can combine the data from the web analytics services and their cookies with the information you have supplied to us, so that we can make your experience more personal by recommending certain articles to you based on your reading behavior or tailoring your emails with content you might find more interesting. We would only do this if you have given us permission to communicate with you. Sometimes the data used from the web analytics companies has been collected before you registered or signed in. In these cases, if we use this data to identify you, we use it only in accordance with our privacy notice. Functionality cookies allow users to customize how a website looks for them: they can remember usernames, language preferences and regions, and can be used to provide more personal service like local weather reports and traffic news. Here are some examples of how we use functionality cookies: • Storing your user preferences on Your Account and/or Profile pages
• Remembering if you’ve been to the site before so that messages intended for first-time users are not displayed to you. Advertising and targeting cookies are used to deliver advertisements more relevant to you but can also limit the number of times you see an advertisement and be used to chart the effectiveness of an ad campaign by tracking users’ clicks. They can also provide security in transactions. They are usually placed by third-party advertising networks with a website operator’s permission but can be placed by the operator themselves. They can remember that you have visited a website, and this information can be shared with other organizations, including other advertisers. They cannot determine who you are though, as the data collected is never linked to your profile. The two main ways we use advertising and targeting cookies are set out below: • Interest-based advertising (or online behavioral advertising) is where cookies are placed on your device by our third-party service providers which remember your web browsing activity and group together your interests in order to provide you with targeted advertisements which are more relevant to you when you visit our website or use our service. Your previous web browsing activity can also be used to infer things about you, such as your demographics (age, gender etc.). This information may also be used to make the advertising here more relevant to you.
• ‘Retargeting’ is a form of interest-based advertising that enables our advertising partners to show you advertisements selected based on your online browsing activity away from the website. This allows companies to advertise to people who previously visited their website. These cookies will usually be placed on your device by third-party advertising networks and we have listed the main third-party networks we work with below. Without these cookies, online advertisements you encounter will be less relevant to you and your interests.
E. How do I control my Cookies?
You should be aware that any preferences will be lost if you delete all cookies and many websites will not work properly or you will lose some functionality. We do not recommend turning cookies off when using our website for these reasons. Most browsers accept cookies automatically, but you can alter the settings of your browser to erase cookies or prevent automatic acceptance if you prefer. Generally, you have the option to see what cookies you’ve got and delete them individually, block third party cookies or cookies from particular sites, accept all cookies, to be notified when a cookie is issued or reject all cookies. Visit the ‘options’ or ‘preferences’ menu on your browser to change settings, and check the following links for more browser-specific information. Cookie settings in Internet Explorer Cookie settings in Firefox Cookie settings in Chrome Cookie settings in Safari
F. Enabling the DO NOT TRACK (DNT) web browser feature
Instead of changing your browser settings to prevent Cookies from being stored on your computer or device, we suggest using the Do Not Track (DNT) feature built into your web browser. We honor DNT requests and will not track anyone who has this setting toggled to an on state. You can learn more about the DNT feature in your browser by visiting: https://allaboutdnt.com/
G. Managing advertising Cookies
This Section VII sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of Personal Data. We will retain your Personal Data for so long as you maintain an account with us. In the event that you cancel your account with us, you can instruct us to delete your Personal Data, which we will do as soon as we reasonably can after such a request. In the event you do not request us to delete your Personal Data, we may (but are not required to) retain it for up to seven years. We retain your Personal Data in case you decide to reinstate your account with us so as to make it easier for you to resume our service. We may also retain your Personal Data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
A. Although we are based in the United States, we believe that providing our users with more control over their Personal Data is beneficial to our users and to society in general. That is why we welcome compliance with the European Union’s GDPR. We have summarized your rights under the GDPR. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, if you have any questions about them, feel free to contact us. If you wish, we can direct you to the relevant laws and regulations as well as governmental authorities that can provide you with further guidance for a more detailed explanation of your rights.
B. Your principal rights with respect to your Personal Data under GDPR are: 1) the right to access; 2) the right to rectification; 3) the right to erasure; 4) the right to restrict processing; 5) the right to object to processing; 6) the right to data portability; 7) the right to complain to a supervisory authority; and 8) the right to withdraw consent.
C. You have the right to confirmation as to whether or not we process your Personal Data and, where we do, access to the Personal Data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Data concerned and the recipients of the Personal Data. As long as the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Data if you request it of us. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
D. You have the right to have any inaccurate Personal Data about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Data about you completed.
E. In some circumstances you have the right to delete your Personal Data without undue delay. Those circumstances include: the Personal Data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
F. In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
G. You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for any of the following: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the Personal Information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
H. You have the right to object to our processing of your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your Personal Data for this purpose.
I. You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
J. To the extent that the legal basis for our processing of your Personal Data is: (a) consent; or (b) that the processing is necessary (i) in order for us to provide you with products and service, or (ii) for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract; and such processing is carried out by automated means, you have the right to receive your Personal Data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
K. If you consider that our processing of your Personal Data infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. In the United States, you may file a complaint with the Federal Trade Commission. More information can be found at https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc. If you live in the EU, you may file a complaint in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
L. To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
M. You may exercise any of your rights in relation to your Personal Data by written notice to us or by clicking here.
A. We may update this policy from time to time by publishing a new version on our website.
B. You should check this page occasionally to ensure you are happy with any changes to this policy.
C. We may notify you of changes to this policy by email or through the private messaging system on our website.
A. This website and the Guided Minds service is owned and operated by Guided Minds, Inc.
B. We are a Delaware corporation, and our address is 2 Watergate Drive, Amawalk, New York 10501.
C. Our principal place of business is located at 2 Watergate Drive, Amawalk, New York 10501.
D. You can contact us:
1) by mail to the postal address given above;
2) by using our website contact form here;
3) by email, using the email address published on our website: email@example.com.
E. Our Data protection officer’s contact details are firstname.lastname@example.org.