Terms and conditions

Privacy Policy and Terms and conditions

Model Minds Ltd (Model Minds) terms and conditions cover your use of the entire website – http://www.modelminds.com/, including any products or services accessed via that website, or other websites associated with it and any correspondence by either email or letter sent between the company and you.

Model Minds Ltd advises that you read these conditions before using this website as they affect your rights and liabilities under the law. By using the website you are confirming your acceptance of these terms and conditions.

These Terms and Conditions do not affect your statutory rights.

1. Warranties

  • You must be over 18 years or over to register and become a member of the Model Minds Site, or have the permission of your parent or guardian to use this site. If the company discovers or has any reason to suspect that you are not over 18 years of age or do not have permission, then it reserves the right to suspend or terminate Your Membership to the site immediately and without notice. Model Minds will not be held responsible for any claims arising from incorrect information given by you, regardless of whether you were aware of the inaccuracy.
  • You can update your personal details by logging onto the site and changing the relevant information in your account.
    o You agree to indemnify and hold Model Minds harmless from any claims and damages (including any legal fees in relation to the same) made by a third party in respect of any matter in relation to, or arising from, your use and Membership Terms and Conditions by you or your violation of any law or the rights of any third party.
  • The initial Membership term is for one month
  • For your convenience your membership to the Model Minds Site is automatically renewed each month - unless you have requested cancellation of your membership during the previous month.
  • The Monthly Subscription fee will be debited monthly unless you specify otherwise by sending an email to us requesting your membership to be cancelled (see suspension and cancellation clause below).

2. Secure Payments

  • Model Minds uses SECPay to process payments to Model Minds for services or products that it offers. SECPay’s secure site will ensure that your payment is processed safely and efficiently. Your payment will be encrypted so as to minimize risk of unauthorised access and disclosure of details.
  • From the first month, for your convenience, your card will be charged with the current monthly subscription fee and this will continue until you cancel your membership with Model Minds.
  • The details of Model Minds pricing and fees, and any offers that the company may from time to time promote, are (or will be ) clearly shown in the sign up process.
  • Your Monthly Subscription Fee Period begins on the day you subscribe. Your Monthly Subscription Fee month ends on the day before that calendar date, the following month. (If you joined on the 1st of March your first month would finish on the 31st March and your next Ongoing Membership month would begin on the 1st April and would finish on the 30th of April and your next Ongoing Membership month would start on the 1st of May)
  • Any offer of goods or services displayed on the web site of Model Minds is an invitation to treat only and should not be construed as binding. Pricing information is subject to change at the discretion of Model Minds and should be treated as indicative.

3. Suspension and Cancellations

  • Model Minds may cancel or suspend your membership or access to the members’ part of the web site at our reasonable discretion if you breach any of your obligations under the terms and conditions set out on this or any other web site owned and run by Model Minds that you have paid or free access to.
  • You can cancel your Membership either by emailing Unsubscribe@Modelminds.com with ‘Unsubscribe from’ and the service you wish to cease, to upgrade or downgrade your subscriptions, follow the insructions in the ‘Active Service’ section under Cool Tools.
  • Your first month's charge is non refundable, as by requesting membership and agreeing to these terms and conditions you accept that Model Minds will grant you access to the service immediately on acceptance of your registration. You will be able to benefit from accessing the site for the period of your initial subscription.
  • If you cancel your Monthly Subscription, cancellation will take effect from the starting date of your next Monthly Subscription Fee month starts. You will not be entitled to a refund for any monthly membership fee(s) you have already paid but will be able to access the areas that are available to paying members until your membership is cancelled (except for cancellations or terminations enforced due to instances as set out in the first point of this clause).

4. Excluded Services

  • Model Minds will not be responsible for any costs incurred when connecting to its service including but not limited to internet connection and /or telephone costs.

5. Message Boards, Blogs and Forum sections

  • Contributions to the Message Boards, Blogs and Forum sections are not moderated and should not be interpreted as representing the opinions or views of Model Minds. Model Minds reserve the right to remove unsuitable content, and to cancel the registration of contributors of unsuitable material. Model Minds accepts no responsibility for the contributions in the forum section. Visitors viewing the contributions to these sections do so at their own risk.

6. Trademarks & Copyrights

  • You acknowledge and agree that all content and materials available on or  through the Site are protected by copyrights, trademarks, service marks, patents, trade secret, or other proprietary rights and laws (whether registered or pending). You may print or download copies of material(s) or content on the site for your own personal and non-commercial use only, provided that such materials remain unaltered and are accompanied by a clear visible copy of any copyright or other proprietary notice appearing on each item of material. Systematic retrieval of data or other content from the Network to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorised by Model Minds, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

7. Health Disclaimer

  • The Instructions and advice presented by Model Minds and available via the web site are in no way intended as a substitute for medical or psychological counselling.

8. Financial Disclaimer

  • The Instructions and advice presented by Model Minds and available via the web site are in no way intended as a substitute for Financial and Investment Advice.
  • The  Financial Calculator Tools on this site have been designed with care to provide indications. Model Minds accepts no responsibility whatsoever for any losses arising, as a result of reliance on the results obtained from using the Tools, howsoever caused. This applies irrespective of whether there were any inadvertant inaccuracies in the results obtained from using the Tools.

9. Limitation of Liability

  • Whilst Model Minds will use reasonable endeavours to correct any errors or omissions as soon as practicable and once they have been brought to our attention, Model Minds does not warrant that the site will be available uninterrupted and in a fully operating condition at all times nor that the information on and provided via the Site will be free from errors or omissions.
  • Access to this Site and its contents may be suspended temporarily and without notice in the case of systems failure, necessary maintenance or repair or for reasons beyond the control of Model Minds.
  • All content and services on the Site are provided on an ‘as is’ and ‘as available’ basis. Model Minds does not make any representation or give any warranty in respect of the Site or its content, including, without limitation information provided by or regarding other Members. Any decision made or action taken by you on the basis of information provided on or via the Site is at your sole discretion and risk.
  • Due to the fact that there are many technical aspects to the Site Model Minds does not give any warranty as to the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content contained in or accessed through the site.
  • Model Minds disclaims all liabilities in connection with incompatibility of the Model Minds web Site with any of yours or any of your equipment, software or telecommunications links used to access the site; any technical problems including, but not limited to, errors on the site or any interruptions (regardless if they are within Model Minds power) of Model Minds’ site; the failure of Model Minds or Model Minds Web Site to meet and/or fulfil all or any of your requirements.
  • In relation to any business interests that you may have, Model Minds, any other  party ( whether or not involved in creating, producing, maintaining or delivering this website ), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage which may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, loss of or damages arising from or connected in any way to business interruption) and whether in tort (including without limitation negligence, contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses which may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any website linked to this website or any other consequential or indirect loss.
  • If your use of material on this Website results in the need for servicing, repair or correction of your equipment, software or data, Model Minds will not be held responsible.
  • If a member is found maliciously uploading a virus they will be held responsible and any action deemed appropriate will be taken.

10. Third Party Websites

  • Model Minds may provide links to other web sites which are beyond its control and have no relationship to the company.
  • Model Minds can not be held responsible for the content on the Internet or World Wide Web pages on any other site or publication outside of the Model Minds Site.
  • Model Minds makes reasonable endeavours to check third party websites for suitability however does not endorse or make any representations about third party websites, or any material found there, or any results which may be obtained from using them.
  • If you decide to access any of the third party Websites linked to this website, you do so entirely at your own risk.

11. Sponsorship, Adverts and Advertising

  • From time to time parts of the Model Minds Site may display advertising and sponsorship in, but not limited to, banner form. Model Minds are not responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes or for the accuracy content therein. The advertisers and sponsors are responsible for that content and any and all restitution lies with those third parties.

12. Security and Privacy

  • Your security and those of all Model Minds Members is very important to the company. It will not rent or sell your name, address, e-mail address, credit card information or personal information to any third party without your permission. If you have purchased from Model minds Web site, or advised the company of your e-mail address, post and telephone you are allowing the company occasionally, to update you with news and special opportunities via e-mail.
  • Communication & Marketing: By becoming a customer of Model Minds and providing the company with your e-mail address you consent to receive communication from the company about its latest products and special offers which Model Minds believes may be of interest to you. The Information may also be used to notify you of products and services of third parties, which may be of interest to you. We will absolutely not give your details to anyone else.

13. General

  • Model Minds shall not be liable for any failure for any suspension, or termination of access to the site or any content arising out of a force majeure event. A force majeure event shall include, without limitation, failure of infrastructure, government intervention, wars, civil commotion, hijacking, fire, flood, accident, storm, strikes, lockouts, terrorist attack, or industrial action affecting Model Minds or its suppliers.
  • If Model Minds does not act upon any breach of these terms and conditions, the company will still retains its right, at a later date, to act on its rights and remedies to recoup any losses howsoever caused.
  • You may not assign, sub-license or otherwise transfer any of your rights under theses Terms and Conditions.

14. Applicable Law

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and will be subject to the jurisdiction of the English Courts.
  • These Conditions together with our Message Board and Forums Policy, Copyright/Trademark Notice and the Members Forum Agreement (If applicable) are the entire agreement between the company and you relating to the subject matter herein.
  • Model Minds may assign our rights and obligations under this agreement and our successors, assignors and licensees will be entitled to take the benefit of this agreement.

15. Amendments

  • From time to time Model Minds may update these Terms and Conditions
  • Where possible Model Minds will try to bring any changes to your attention by e-mail and/or by placing a notice on the site.
  • It is advisable that you review any amendments to our terms and conditions.
  • If you continue to use the Model Minds Site after the date on which any change comes into effect, your continued use indicates your agreement to be bound by the new terms and conditions.

 

Message Board and Forums Policy 

The entire contents of the Model Minds Privacy Policy and Terms and conditions form part of these Message Board and forums Policy.

  • The Model Minds Site has message boards which allow you to interact with other members. Although Model Minds has set out guidelines as to the conduct that must be complied with when using these message boards, by accepting these terms and conditions you acknowledge that you may be exposed to postings that you may find offensive.
  • It should be noted that any personal information provided by you to Model Minds and/or the web site will be used in accordance with its Privacy Policy and Terms and Conditions. All content, information, questions, suggestions, messages, comments, ideas, notes or other materials emailed or posted to Model Minds regardless if posted voluntarily or at Model Mind’s  request are the responsibility of the person(s) who made the posting.
  • Model Minds is not responsible for and is in no way liable for the content of such postings.
  • When submitting material to Model Minds and/or associated web sites you automatically grant the company and its licensees the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display and distribute the content of the Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.
  • By using the message boards you are acknowledging that you are accepting the following conditions and that you will not at any time:
    • Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others;
    • Advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ mail;
    • Use foul, threatening or offensive language including, without limitation, racist sexist, ageist, homophobic or sexually explicit language which is deemed inappropriate;
    • Make insulting remarks to or about other members;
    • Distribute illegal, copyright infringing, indecent or offensive material or any messages or content that may incite disorder or encourage illegal activities;
    • Impersonate another person or member;
    • Transfer files that contain viruses, Trojans or other harmful programs;
    • Access or attempt to access the accounts of other Members or to penetrate or attempt to penetrate the Site security measures;
  • Model Minds may take any or all of the following action at the company’s discretion:
    • Remove any material from he message board or any other area, at the company’s sole discretion may be inappropriate or it suspects to be illegal or subject it to liability or which may violate these Terms and Conditions or where required to do so by law;
    • Suspend or terminate a Members access to the Members area of the Site or a Members Account without notice at any time;
    • Bring legal action against a member or other user of the Site in relation to any breach of these Terms and Conditions or any illegal or suspected illegal activity.
    • Model Minds makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. Model Minds reserves the right to refuse to post material on the Model Minds Site or to remove material already posted. You are solely responsible for the content of your message posted on the message boards.
  • In addition to the above, you will be personally liable for:
    • Any claim by any third party that the use of the Model Minds Site by you is defamatory, offensive or abusive, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
    • Any claim by any third party that the use of the Model Minds Site by you infringes any third party copyright or other intellectual property rights of whatever nature; and
    • Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Model Minds Site by you.

Conduct

  • Model Minds encourages active and open debate among its members. However the company requests that this is done in a lawful and civil manner. Accordingly, you agree to use the Model Minds website for lawful purposes only. You may not use, or allow others to use, your Model Minds membership to:
    • Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any person,
    • Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (as in nondisclosure agreements);
    • Post transmit or link to sexually explicit material;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity;
    • Post transmit statements that are intentionally false or misleading;
    • Post transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes;
    • Intentionally violate any applicable law or regulation while accessing and using our site;
    • Collect or store personal data about other users;
    • Post or transmit any file that contains viruses, corrupt files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’ computer.
  • Model Minds reserves the right , at our sole discretion and without prior notice, to remove, or otherwise block any post or terminate your membership for violating the above provisions.
  • You are responsible for all statements made that occur through the use of your membership and password. Please do not disclose your password to anybody. If your password is stolen, you must immediately inform Model Minds.

Indemnification

You agree to indemnify, defend and hold harmless Model Minds and it’s affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss Model Minds may incur (including without limitation, legal fees) as a result of any material you post on our forum or any violation by you of your obligations under these terms and conditions.

 
Copyright© Model Minds Ltd and Working With Joy Ltd 2007-2008