Welcome to Mynty,
Mynty offers value pricing database for video games. It allows users to view current and historic video game prices, and to track video game collections. You can sign up for a free account or purchase our membership for a “collector” account. A collector account unlocks features that free accounts cannot use. (hereinafter referred to as the “Services”)
ACCEPTANCE OF THE TERMS OF SERVICE
By accessing or using our Site, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
- You are of sound mind and at least of such minimum legal age as per the laws of the State where you reside in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Site.
- We must not have previously disabled your account for violation of law or any of our policies.
ACCOUNTS, PASSWORDS AND SECURITY
- Account: To access various parts of the Site, and to avail various services, including without limitation, finding daily prayer timings based on your location, finding nearby mosques, reading Quran, tracking your progress, earning points based on performing daily goals, earning badges for completing tasks, viewing global leader boards, seeing lunar and solar calendars, using a compass, etc., you are required to register and create an account with us on our Site. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
- Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
USE OF THE SITE, YOUR RIGHTS AND RESPONSIBILITIES
- Allowed uses, your rights and responsibilities:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
- Information: Whenever prompted, you must provide us with the correct, accurate and updated information.
- Community Guidelines: While posting any information or content on the Site, and while interacting with other Members, you must comply with our Community Guidelines, in addition to these Terms.
- Material: For the purposes of these Terms, “material” shall mean any text, video, sound material, pricing information, published on the Site, whether a copyright of Mynty, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- Restricted uses:
- You cannot use our Site or purchase our services for the purpose of resale;
- You must not misuse or interfere with the Services or Site or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
- You must not:
- republish material from this Site;
- sell, rent or sub-license material from the Site;
- show any material from the Site in public without our consent;
- edit or otherwise modify any material on the Site (other than editing your own information as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose; or
- redistribute material from the Site, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
- We reserve the right to restrict your access to any areas of our Site, or indeed our whole Site, at our discretion.
- You must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms of Service, we reserve the right to suspend or terminate your account or your access to the Site or our services, at our sole discretion. In such cases, you will not be entitled to receive any refund for the unutilized portion of your subscription.
Our Site, its logos, its content, pricing information, designs, trademarks, trade dress, trade name, all of our services, features and functionalities, shall remain the sole property of the Mynty, and/or its licensors, as the case may be. Your use of or access to this Site or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to our Site, services, any content, designs, published by us or our licensors or third parties. This Site, and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Site are the exclusive property of, or are licensed to the Mynty and are protected. No use of a trademark, trade dress, trade name or design appearing on this Site may be made without the prior written permission of the Mynty.
- Your content is yours: The content posted by you on the Site, may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
- License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
- Description of License: Specifically, when you share content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the Site. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same.
- Terminating the License: You can end this license for specific content by deleting such content from our Site, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- Who can view your content: Content posted by you on the Site may be publicly visible to all the users and visitors of the Site.
- You may share it with others: Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, at your sole discretion.
CONTENT POSTED BY OTHER MEMBERS
While using our Site and our services, you may encounter content or information that are posted by other members and users of the Site. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Mynty generally does not review the content posted by other Members, and expressly disclaim all warranties and liabilities in this respect.
LINKS TO THIRD-PARTY SITES AND AFFILIATES
SUBSCRIPTION, PAYMENTS AND TAXES
We offer a subscription-based service. You shall be responsible to pay for this service should you decide to avail it. You shall be responsible to borne all the applicable taxes and bank charges (wherever applicable) for such purchase. The service employs the use of third-party payment gateway service provider, namely, Stripe, for the purpose of facilitating payments. We reserve the right to modify the prices of our subscriptions, add or discontinue any of the services, at any time at our sole discretion, without any prior notice. There are no refunds, partial or otherwise for any subscription purchased.
Please note, we provide sold price data and information about various video games as available on our affiliate websites. We are not liable for any of the financial decisions made by you by using or relying upon such information. The data is a benchmark, and not a financial advice. The Site, and all of our services, are provided on an “as-is” and “as available” basis, and Mynty (and our members, licensors and affiliates) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, financial gain, safety, accuracy, reliability, completeness, timeliness, performance, merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement of the same. We make no warranty that our services will meet your expectations, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, or safe. Similarly, we are not liable for any of the content or message or listing posted by any of the members on our Site. We have no relationship with any members, and expressly disclaim all warranties in this respect. You must apply suitable level of caution while relying upon any of the content or message of the other members on the Site.
LIMITATION OF LIABILITY
- To the maximum extent permitted by law, in no event shall Mynty (or our members, employees, licensors or affiliates) be liable to you or any third party for any costs of procurement of substitute services, financial loss, business loss, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms, pricing information present on the Site, or your use of our services, or your inability to use or purchase from, the Site, even if Mynty has been advised of the possibility of such damages. Access to, and use of, the Site, and our services is at your own discretion and risk, and you will be solely responsible for any damage to your business or money.
- To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount paid by you to us in the last 6 (six) months. The existence of more than one claim will not enlarge this limit.
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Mynty or its directors/owners, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold Mynty, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right;
- Your wrongful or improper use of our services;
- Your violation of any applicable laws, rules or regulations;
- Your violation of these Terms or any other policy of Mynty as associated with our services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of California (USA).
- Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate State or Federal courts locate in the Chino, California.
- Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MYNTY ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND MYNTY, SHALL BE RESOLVED BY A JUDGE.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
- Disputes between Members inter-se: You understand and acknowledge that Mynty is a mere facilitator between you and the other members/users of the Site, and we in no way are responsible for the conduct of any of our members/users. Therefore, if you have any claim or dispute against any other member or their content or message or action or conduct or in respect of any transaction entered into with such members, you undertake to take it up directly with the concerned member, as the case may be. Mynty shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that any other member/user has violated our Terms, applicable law, or any other policy of Mynty, you can file your complaint at email@example.com, and we will take necessary action in accordance with our policies and applicable law.
When you use the Site or send emails to Mynty, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Site. Mynty will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to firstname.lastname@example.org.
- Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
- Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Mynty and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
- Force Majeure: Mynty, its employees, and its affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
- Name: Jason Goldwulf
- Email: email@example.com
- Postal: PO BOX 3062 Chino Hills CA 91709
FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: firstname.lastname@example.org.