Terms of Use Agreement
Welcome to WiimindMe.com, a service that provides free "Wii-minders" for the Nintendo Wii console system and its related games and peripherals, operated by WiimindMe.com. By using the WiimindMe.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member make use of the WiimindMe.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by WiimindMe.com from time to time, such modifications to be effective upon posting by WiimindMe.com on the Website. This Agreement includes WiimindMe.com's Acceptable Use Policy for Content Posted on the Website, WiimindMe.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: info@wiimindme.com, Subject: Terms of Use Agreement.
1. Eligibility. You must be thirteen (13) or over to register as a member of WiimindMe.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason upon receipt by WiimindMe.com of your written or email notice of termination. WiimindMe.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to WiimindMe.com. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5 and 7-14 of this Agreement.
3. Non-Commercial Use by Members. The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on WiimindMe.com. WiimindMe.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of WiimindMe.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Pricing Information. Current rates (if any) for using any single part of WiimindMe.com may be obtained by emailing info@wiimindme.com. WiimindMe.com reserves the right to change fees, surcharges and monthly membership fees or to institute new fees at any time upon thirty (30) days prior notice.
6. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
7. Disclaimers. WiimindMe.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. WiimindMe.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. WiimindMe.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. WiimindMe.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will WiimindMe.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and WiimindMe.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. WiimindMe.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
8. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will WiimindMe.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if WiimindMe.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, WiimindMe.com's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to WiimindMe.com for the Service during the term of membership.
11. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles.
13. Indemnity. You agree to indemnify and hold WiimindMe.com, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
14. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and WiimindMe.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement.