Terms of Service
MINDS FOR MINDS LIMITED TERMS OF SERVICE (“TERMS”)
- Welcome to Minds for Minds. We are an education service provider designed especially for academic resources (e.g., amongst other things, work prepared specifically for the purpose of assisting teaching and learning). We provide services made available at our website at https://mindsforminds.com, subdomains and related sites ("website"), which enables users, amongst other things, to upload, distribute and purchase files, information, material and other data ("data") (all together, "services" and each, a "service").
- If you have questions about how to use our services or the great things you can do with Minds for Minds, contact us at <hello at mindsforminds dot com>.
- These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they irrevocably agree to these terms. If you do not like these terms or don't want to be bound, you can't use our services and the website.
- Minds for Minds will evolve over time based on user feedback. It is likely the terms will change over time. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the website. We can change these terms at any time and we will provide you notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
- If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our service via the website in accordance with these terms.
Becoming a user
- Registering as a user is free. You can only register as a user if you can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a user, you warrant that you can form a legally binding contract.
- You may only register as a user for the academics’ category if you work for a recognised education or higher education organisation (unless specifically authorised by us in writing). Only academics can upload and sell academic resources, the intellectual property of which they must either own or be authorised to use. Academics selling resources are referred to as “sellers.”
- You warrant that you have provided complete, accurate and current personal information when registering as a user. You must maintain and update your personal information held by Minds for Minds to ensure it is kept current at all times. Minds for Minds may phone or mail you to verify these details. You must not register as a user under multiple identities or personas (whether false or not).
- Minds for Minds may send you emails relating to your user status, transactions and other activities on the website, and for promoting and marketing other Minds for Minds products and services to you. Minds for Minds may also send regular electronic newsletters to its users. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
Your obligations as a seller
- You will only upload academic resources including, but not limited to, instructional material (e.g., amongst other things, work prepared specifically for the purpose of assisting teaching and learning), software, data and collections of data, designs, images, or documents created for administrative or managerial academic purposes. You will include all relevant information about a resource in its description. You must list a resource in one category only which must be the most appropriate category for your resource.
- You will only upload and create descriptions and tags for academic resources that exist, are to be sold, and that you are legally entitled to sell. You will only upload resources that are in your possession, except where Minds for Minds has approved otherwise in writing.
- All academic resources must comply with the law in the United Kingdom. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause. You agree that Minds for Minds may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause at any time.
- When you list an academic resource on Minds for Minds, you should do so with the intention of selling this resource through the website.
- Your description of the academic resource may only contain a URL for a website that contains further information on the item you have uploaded. This website must not offer any academic resources for sale. You must not use Minds for Minds to promote a business or another website offering or selling academic resources.
- You must not use Minds for Minds to sell items that are of a speculative nature including, but not limited to, pyramid or similar schemes.
- Uploads are not pre-screened for content. Minds for Minds reserves the right to remove any listing that it deems unsuitable or in breach with these terms.
Your obligations as a buyer
- You can acquire academic resources for a charge from academics through the services supplied by Minds for Minds, which is referred to as a “transaction.” By each transaction you acquire a licence from the owner of the academic resource to use the resource for personal purposes only. Downloading an academic file does not transfer any promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. If you wish to make a resource available to other people, including but not limited to a class of students, you, the students, and/or an authorised entity must acquire separate licences for each user. Each transaction is an electronic contract between you and Minds for Minds, and/or you and the person providing the academic resource on our service. Minds for Minds will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in your home country) for any paid transactions, including any applicable taxes.
- You cannot cancel your order for the supply of an academic resource if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right.
- It is your responsibility not to lose, destroy, or damage a file once downloaded. We encourage you to back up your files regularly.
- You may not tamper with or circumvent any security technology included with the services.
- You agree to receipt of all invoices in an electronic format, which may include email. The price of an academic resource may change at any time. If technical problems prevent or unreasonably delay delivery of a resource, your exclusive and sole remedy is either replacement of the resource or refund of the price paid, as determined by Minds for Minds. From time to time, Minds for Minds may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Minds for Minds to a corresponding counterclaim.
- If you pay by credit card, you agree to inform Minds for Minds of any issues and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
- If you allow others to access your data (e.g., by, amongst other things, giving them your username and password), in addition to them accepting these terms, you are responsible for their actions and omissions while they are using the website and services and you agree to fully indemnify us for any claim, loss, damage, fine, costs (including our legal fees) and other liability if they breach any of these terms.
- You must maintain copies of all data stored by you on our service. We do not make any guarantees that there will be no loss of data or the services will be bug free. You are completely responsible to remove all data prior to termination of services.
- Our service may automatically delete a piece of data you upload or give someone else access to where it determines that that data is an exact duplicate of original data already on our service. In that case, you will access that original data.
- We will store your data on our service subject to these terms. If you choose to stop using our services, you need to make sure you retrieve your data first because, after that, we may, if we wish, delete it. If we suspend our services to you because you or someone you have given access to has breached these terms, during the term of that suspension, we may if we wish deny you access to your data. If we terminate our services to you because you or someone you have given access to has breached these terms, we may if we wish delete your data immediately. In circumstances where we cease providing all our services for other reasons, we will, if reasonably practicable and we are not prevented by law from doing so, give you 30 days access to retrieve your data.
Fees and Taxes
- In exchange for us providing you with the Minds for Minds services, you agree to pay us the fees (and any other taxes or duties) as listed in the fee schedule, available at https://www.mindsforminds.com/pricing, and incorporated herein by this reference. We reserve the right to revise our fees at any time, subject to a thirty (30) day notice period to you prior to the new fees taking effect.
- Payment of Fees, Payouts, and Right to Set-off: Minds for Minds makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the site or the services. Minds for Minds’s obligation to pay users is limited to paying such allocations based upon revenue that is actually received by Minds for Minds. Subject to the terms of this agreement, Minds for Minds will make payouts to users for successful transactions, upon request from users for payouts, by wire transfer (fee assessed to user) or through any other commercially reasonable manner adopted by the company from time to time. Minds for Minds will send to your bank account all amounts due to you from your transactions, minus any fees, reversals, invalidated payments, chargebacks, refunds or other amounts that you owe to Minds for Minds under this agreement. If the payout is not sufficient to cover the amounts due, you agree that we may debit your bank account for the applicable amounts, and/or set-off the applicable amounts against future payouts. Upon Minds for Minds’s request, you agree to provide Minds for Minds with all necessary bank account routing and related information and grant Minds for Minds permission to debit amounts due from your bank account. Payouts may take up to 15 working days to process, depending on your location and withdrawal method.
- Notwithstanding any funds that may be allocated to your account as a result of successful transactions, Minds for Minds shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable into your account exceeds £50. Minds for Minds will calculate all payments owed by the company to a user on a quarterly basis as set forth above. All amounts earned by a user shall be rounded down to the nearest tenth of a penny. If the total amount that a user earns for the previous day is less than a tenth of a penny (e.g. £.001) then such amount shall be rounded down to zero and no amount will be credited to the user.
- Minds for Minds reserves the right to reset all user accounts, for which the user has not logged in within the prior two years, below £50 to £0 and to write-off all such unpaid amounts and Minds for Minds shall have no liability for any such write-offs. Prior to resetting any such account to £0, Minds for Minds will contact the user associated with the account at the email address associated with the account, and request that the user log into the account within thirty days. If the user logs into the account within thirty days, Minds for Minds will not reset the account balance.
- Subject to the foregoing terms, upon the death of a user, Minds for Minds will direct payments associated with academic resources owned by the user, prior to such user's death, to a replacement payee if: (a) the person requesting a replacement payee presents verifiable documentation supporting the replacement payee's legal entitlement to the deceased user's payments, and (b) the request for a replacement payee is received by Minds for Minds within one year from the date of the deceased user's death. If Minds for Minds does not receive a request for replacement payee that complies with the foregoing conditions, Minds for Minds may cancel the deceased user's account, and write-off any unpaid amounts, with no liability for any such write-offs.
- Taxes: Users shall pay, indemnify, and hold Minds for Minds harmless from (i) any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on Minds for Minds’s income, and (ii) all government permit fees, customs fees and similar fees which Minds for Minds may incur with respect to this Agreement. Such taxes, fees and duties paid by a user shall not be considered a part of, a deduction from, or an offset against, payments due to Minds for Minds hereunder.
- If at any time you do not make a payment to us when you are supposed to (including on termination), we can (and this doesn't affect any other rights we may have against you)...
- … make you pay, on demand, default interest on any amount you owe us at 10% per annum calculated on a daily basis, from the date when payment was due until the date when payment is actually made by you. You will also need to pay all expenses and costs (including our legal costs) in connection with us trying to recover any unpaid amount from you; and/or
- … suspend or terminate your use of the service.
- … make sure you always give us and keep up to date your correct contact and billing details, particularly if these change;
- … comply with these terms and any other agreements you have with us;
- … make sure that you comply with all laws and rules that relate to your use of the website, the service and any data you upload to our service.
The licence that we give you to use the website and our services does not give you the right, and you can't reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed under any open source licences under which we use intellectual property provided by others.
You are not allowed to, and you can't let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licences under which we use intellectual property provided by others.
You own, or warrant that you are authorised to use, any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from, our service. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, for the purposes of enabling you and those you give access to, to use the website and the services and for any other purpose related to provision of the services to you.
What you cannot do
If you register with us, you will provide us with a password to associate with your specific username. You need to make sure your username and password is secure and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password. Make your password a strong one and keep it secure.
We respect the copyright of others and require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
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 or used 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 including for example the uniform resource locator(s) (URL); (iv) your contact information, including your address, telephone number, and an email 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 (unless applicable law says otherwise), that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if you are determined to be a repeat infringer.
Copyright Counter Notices
To file a counter-notification with us, you must provide a written communication to <copyright at mindsforminds dot com> that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. The location of the original claimant, and whether or not it was submitted under United States law (governed by the United States Digital Millennium Copyright Act, Section 512 g), determines which if any type of counter-notification you may file. A counter-notification must include at least the following specific elements and any other elements required by applicable law: Identification of the specific URLs of material that has been removed or to which access has been disabled. Your full name, address, telephone number, email address and the username of your Minds for Minds account. The statement "I will accept service of process from the person who provided Minds for Minds with the original copyright complaint or an authorised agent of such person." The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Signature. A scanned physical signature or a valid electronic signature will be accepted. We can only accept a counter-notification directly from the user from whose account a URL or file has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account. Our preferred method of counter-notification submission is via email to <copyright at mindsforminds dot com>. After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way.
If you are filing the counter notice under the DMCA please add the following elements to your counter notice: State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located; State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us. Include the following statement above your signature: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled".
Termination and Suspension
You can terminate your access to the website and our services at any time by sending an email to <support at mindsforminds dot com> requesting termination.
Minds for Minds reserves the right to decline to register or to terminate your access to the website without entering into further discussions with you. Without limiting the foregoing, we can immediately suspend or terminate your access to the website and our services without notice to you if you breach any of these terms or any other agreement you have with us. If your membership is terminated due to breach of our terms and conditions and Minds for Minds decides to refund you, you will receive the balance of your account, less a £10 manual processing fee that is payable to Minds for Minds. Consequently, no refund will be made if the account balance is below £10.
If you are not a registered user, we may suspend or terminate your access to the website and our service at any time, without notice to you.
We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.
All charges outstanding on your account must be paid at termination.
Data File Size and Usage Limitations
Use of our service may be subject to limitations, including but not limited to data file size, upload and storage volumes. A single data file can’t exceed 50 MB (unless specifically authorised by us in writing). Each author can upload and store up to 200 MB of academic resource data, an increase of this quota is possible upon request but needs to be authorised by us in writing. If an uploaded resource is not purchased within 12 months, our system may automatically delete it without notice to you. We reserve the right to revise our data size and usage limitations at any time, subject to a thirty (30) day notice period to you prior to the new limitations taking effect.
As with any other web-based forum, you must exercise caution when using any communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.
You may not use, export, re-export, import, or transfer any software or code supplied as part of your use of the website or our services: (a) into any United Kingdom embargoed countries; or (b) to anyone listed as a specifically prohibited recipient by the United Kingdom Government. By using the website and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the website or our services for any purpose prohibited by law in the United Kingdom or any other law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
- assign or transfer any rights you have under these terms to any other person without getting our written agreement;
- do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar;
- infringe anyone else's intellectual property (including but not limited to copyright) or other rights in any material.
- resell or otherwise supply our services to anyone else without our prior written consent;
- use our website or a service, including, without limitation, any communication tools available through the website, or any forum, chat room or message centre that we provide:
- to store, use, download, upload or otherwise transmit, data in violation of any law (including to breach copyright or other intellectual property held by us or anyone else);
- to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
- to abuse, defame, threaten, stalk or harass anyone;
- to store, use, download, upload or otherwise transmit, unsuitable, offensive, obscene or discriminatory information of any kind;
- to run any network scanning software, spiders, spyware, robots, open relay software or similar software;
- to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system;
- to use any software or device which may hinder the services (like mail bombs, war dialing, pinging etc.);
- to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access; or
- to try to trick or defraud anyone for any reason (e.g. by claiming to be someone you are not).
Transactions and all other contact between you and other users are conducted entirely at your own risk. You agree that Minds for Minds takes no responsibility or liability for any misconduct of any of its users including, without limitation, users that have registered under false pretences or who attempt to defraud you. Minds for Minds gives no undertakings, representations, or warranties in relation to data sold or listed on the website including:
We don’t give you any warranty or undertaking about the services or the website which are provided “as is”. To avoid doubt, all implied conditions or warranties are excluded as much as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, safety, reliability, durability, title and non-infringement.
We will try to give you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be without any faults, bugs or interruptions.
Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
Information on our website will change regularly. We will try to keep our website up to date and correct, but again, we do not make any promises or guarantees about the accuracy of the information on our website.
We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
We also aren't legally responsible for:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items that are listed on the website;
- as to the accuracy or truth of listings;
- that any item will meet your requirements or expectations; or
- about the ability of users to complete a transaction, including credit card transactions.
You warrant that if you are accessing and using the services for the purposes of a business then, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction (such as the Consumer Rights Act 2015 in the United Kingdom) do not apply to the supply of the services, the website or these terms.
- any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
- devices or equipment that we do not own or have not given you;
- any actions or non-actions of other people which disrupt access to our website including the:
- content of any data;
- content of ads appearing on our website (including links to advertisers' own websites) as the advertisers are responsible for the ads (we don't endorse the advertisers' products);
- content of other people's websites even if a link to their website is included on our website (we just include the links for convenience to you).
LIMITATION OF LIABILITY AND INDEMNITY BY YOU
To the maximum extent permitted by law, we (this includes our employees, officers, agents and authorised resellers) are not liable whether in contract, tort (including negligence), equity or on any other grounds to you or anyone else for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had, denial of service or access to our website, occurring directly or indirectly from the use or ability or inability to use, or reliance on, our website, or the service and based on any type of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.
You shall indemnify us against all claims, costs (including all our legal costs), expenses, demands or liability, damages and losses whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising directly or indirectly from breach by you or anyone you give access to your data, of any of these terms.
If you are not satisfied with the services, then your sole and exclusive remedy is to terminate these terms.
Despite the above, if any court holds us (this includes our officers, staff and agents) liable for any matter related to these terms or our services, our total combined liability will be limited to £50.
Disputes and Choice of Law
Any and all disputes arising of this agreement, termination, or our relationship with you shall be governed by the laws of England and you hereby submit to the exclusive jurisdiction of the courts of England for all disputes arising out of or in connection with this Agreement.
Information and Privacy
You can contact us by writing to <hello at mindsforminds dot com>. If we need to contact you or provide you with notice we will email you at the email address you gave us when you set up your access to the services and/or through any internal messaging system we provide.
Rights to Third Parties
Employees, officers, agents, authorised suppliers of services to and authorised resellers of, our services, are entitled to the benefit of all indemnities and other provisions of these terms which are for the benefit of Minds for Minds.
These Terms were last updated on 26 January 2017.