You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. MavenSay cannot and will not be liable for any loss or damage arising from your failure to safeguard your password.
Use of Third-Party APIs
The Service utilizes the following third-party APIs, among others, but is not endorsed, certified or otherwise approved in any way by them:
iTunes Search API
Age of Users
If you are between the age of 13 and 18 years old, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between 13 and 18 years old, be advised that you are fully responsible for his or her use of the Service, and any and all legal liability that he or she may incur.
Our Service is not directed to people under age 13. If you are under age 13 you may not, under any circumstances or for any reason, use the Service. By accessing or using the Service, you represent and warrant that you are 13 or older.
Content on the Service
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. You may only use the Service for personal, non-commercial purposes, unless you have a valid license from any and all Content owner(s) for the commercial use of such Content via the
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service, nor do we endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstance will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, shared, transmitted or otherwise made available via the Service or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Service. By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Ever to make such Content available to other companies, organizations or individuals who partner with Ever for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by Ever, or other companies, organizations or individuals who partner with Ever, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer or mobile device networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and by other users of Ever, and if you do not have the right to submit Content for such use, it may subject you to liability. Ever will not be responsible or liable for any use of your Content by Ever in accordance with these Terms. You represent and warrant that you have all right, power and authority necessary to grant the rights granted herein to any Content that you submit.
Ever gives you a limited, personal, worldwide, royalty-free, non-assignable, non-exclusive and revocable license to use the software that is provided to you by Ever as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Ever, in the manner permitted by these Terms.
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Ever and its licensors. The Service is protected by copyright, trademark and other intellectual property laws of the United States, Canada and other countries. Nothing in the Terms gives you a right to use the mindie™ name, the Ever name or any of our trademarks (including, without limitation, the following marks: mindie™, Ever™, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ever, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Service
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ever, its users and the public.
You agree to not use the Service to (i) post any content that is unlawful, harassing, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable; (ii) impersonate any person or entity, including, but not limited to a Ever employee, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) post or otherwise make available any unsolicited or unauthorized advertising or promotional materials; (v) interfere with or disrupt the Service or violate the security of the Service or servers or networks connected to Ever; or (vi) use the Service to violate the security of other websites by any method.
You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Ever's computer systems, or the technical delivery systems of Ever's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Ever (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with Ever; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Ever respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an e-mail address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Ever will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
By utilizing Ever, you agree to indemnify, defend and hold Ever and all of its officers, directors, employees, agents, service providers and licensors (collectively, the "Ever Parties") harmless from and against any and all liabilities, losses, costs and expenses (including reasonable attorneys' fees) incurred by any Ever Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of your use of Ever; your Content; your violation of these Terms; or your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
mindie™ Terms of Service
Welcome to mindie™, a mobile application owned and operated by Ever SAS. (“Ever”, “we,” or (“Ever”, “we,” or “us”). These Terms of Service (the “Terms”) govern your access to, and use of, our application for mobile devices (the “Service”), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on, or in connection with, the Service (collectively, the “Content”). Your access to and use of the Service is conditioned on your acceptance.
You are responsible for your use of the Service, for any Content you post to the Service, and for any consequences thereof. The Content you submit, post, or display will be viewable by other users of the Service and through third party services and websites. You should only provide Content you are comfortable sharing with others in accordance with these Terms.
The Service is always evolving and the form and nature of the Service may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Service (or any feature of the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Service may include advertisements from time to time. The advertisements may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change, at our sole discretion. In consideration for us granting you access to and use of the Service, you agree that we and our third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
The Service is Available "AS-IS"
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, EVER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Ever will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that Ever has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Ever or through the Service, will create any warranty not expressly made herein.
The Content may include links to third-party websites or resources. When you access third-party websites, you do so at your own risk. Third-party websites are not under Ever's control, and you acknowledge and agree that we are not responsible or liable in any way for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Ever of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVER AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EVER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of Ever to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. If we determine, in our sole discretion, that a revision is material we may notify you via a general update or e-mail to the e-mail associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
These Service is operated and provided by Ever, SAS. If you have any questions about these Terms, please contact us at email@example.com.
These Terms were most recently modified and made effective on October 8th, 2013.