Acceptance of Agreement
When you visit www.minchens.com or send e-mails to us, you are communicating with us electronically. You acknowledge that you can access information that is provided electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We provide you with the opportunity to follow companies, create information feeds, view and access competitive intelligence reports, and provide information about companies on the Site (the "Services").
When you register on our Site for the use of our Services, you agree to provide true, accurate, current and complete information about yourself as required by our registration application, and to maintain and promptly update the information provided by you in order to keep it true, accurate, current and complete. You further agree that you are creating the account for yourself, and not for a third party. In addition, you agree that you will comply with all policies of the Site, including this Terms of Service. You agree to provide accurate data and information when using the Site, and that you answer all questions, polls and complete all tasks to the best of your ability and using information that you believe to be truthful. You agree not to use the Services or access the Site with malicious intent. You also represent that you are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction. By using the Site, you represent that you are over the age of 13. If you do not comply with the foregoing conditions, or we reasonably suspect that information provided by you is in violation of the foregoing conditions, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).
To register for an account online, you must have a valid email address. In addition to your email address, we ask that you provide us with your first and last name, and a password. We may also ask for LinkedIn, Twitter and any other social media profiles you may have and we may use your personal information from those sites. We may also allow you to download the minchens app onto your smartphone and begin using it immediately without providing an email address. If you download the app, we will generate a unique identifier for your app installation and will pre-register you on our system. By downloading the app, you agree to be bound by these Terms and Conditions. You agree to provide registration information if we ask for it at a later date. If you do not provide us with registration information, your access to the app and to the minchens Site and Services may be revoked.
We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). If you use your mobile device to access our Site or use our Services, you understand that you are responsible for any fees that your mobile service provider charges for data or SMS services. In addition, you must provide and are responsible for all equipment necessary to access our Services.
Once you complete our registration application, you will receive a password and account designation. It is your responsibility to maintain the confidentiality of your password. If you use this Site, you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or if you feel your password has been compromised, or for any other breach of security. To better maintain account security, be sure to log out from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
If you feel that your account has been compromised, contact us immediately at [email protected]
Your right to use our website is not transferable or assignable. Any password or right given to you to obtain information or access the Site is not transferable or assignable.
Ownership of Data
When you submit information to us, answer poll questions, follow a company, or complete tasks through the Site, you irrevocably grant, transfer and convey to us all right, title and interest in and to the materials and content provided, including all intellectual property rights therein. You agree we have the unlimited and unconditional right to distribute, exploit and use in perpetuity, anywhere and everywhere in the universe, in any media and by any means now known or hereafter devised, any materials, photographs, statements, compositions, submissions, tasks, responses to polls and questions, trends, information regarding the companies you follow and what you follow, biographies, and/or other content, whether written, spoken, or otherwise expressed by you, including your name (collectively, the "Published Information") provided by you on the Site. We shall have the right to use, store, market, promote, edit, incorporate, distribute, reproduce, display, perform, transmit, advertise, re-use, re-distribute, and re-transmit the Published Information in any way we see fit without any payment or other obligation to you. Company may therefore, without payment or other obligation to you, reproduce, edit, distribute, publicly display and digitally perform and/or distribute the Published Information in whole or in part, alone or together with other material, on all media (including but not limited to the Internet, other web sites, television, videos/DVDs, cell phones, CDs and radio), and in any format by any means now known or hereafter devised. We shall also have the right to use the Published Information in order to promote our products and services and to use your name, picture, photograph, and your profile without any payment to you. You hereby waive any right to inspect or approve uses of the Published Information, and waive any moral rights you may have in the Published Information. To the extent that you appear in the Published Information, you agree that we have the right to use (and to license to others to use) your name and likeness in connection with our use of the Published Information without any payment or other obligation to you. Without limitation, you hereby waive any rights to privacy, publicity and defamation, whether granted by statute or common law, that you may have in connection with the Published Information. You agree that we shall own all right, title and interest in and to the Published Information, any works derived therefrom, including any related copyrights. To the extent permissible by law, the Published Information shall be deemed a "work made for hire" for us pursuant to the U.S. Copyright Act. No rights are granted to you hereunder other than as expressly set forth herein.
The compilation of all content on the Site is the property of minchens and is protected by U.S. and international copyright laws. All software used on the Site is the property of minchens or its software suppliers and is protected by U.S. and international copyright laws.
The minchens name, minchens logo and others are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Site may be trademarks of their respective owners. minchens's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits minchens or www.minchens.com. All other trademarks not owned by minchens or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by minchens or its subsidiaries.
License and Site Access
minchens grants you a limited, nonexclusive, nontransferable, revocable license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any content; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of minchens. You may not remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of minchens's and our affiliates without express written consent. You may not access the Site in order to (a) build a competitive data-related commercial product or service, or (b) copy any features, functions or graphics of our Services. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of minchens. You may not use the Site for the purpose of gathering information for or transmitting unsolicited commercial phone calls, facsimile transmissions, email or email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing. You may not use the Site in a manner that violates any local, state, national and international laws or regulations concerning email, telephone solicitations or facsimile transmissions. You may not use this Site to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You may not use this Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization or organizations designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You may not export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Any unauthorized use terminates the permission or license granted by minchens. You are granted a limited, nonexclusive, nontransferable, revocable right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, minchens, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information ("Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, in violation of any contractual or fiduciary relationships, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malicious computer code, files or software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, forge headers or manipulate identifiers, impersonate any person or entity, or otherwise mislead as to the origin of the Content. You agree not to act in a manner that negatively affects other users' ability to use our Site or Services, nor to harass or "stalk" another user. You agree not to interfere or disrupt our Services or servers or networks connected to our Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Services, including using any device, software or routine to bypass our robot exclusion headers. minchens reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted content.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are solely responsible for all Content that you upload, post, email, transmit or otherwise make available while using our Services. We do not control the Content posted through our Services and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using our Services, you may be exposed to Content that is offensive, indecent or objectionable. We are not liable for any Content under any circumstances, 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, emailed, transmitted or otherwise made available through our Services.
If you do post Content or submit material, and unless we indicate otherwise, you grant minchens and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant minchens and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify minchens or its affiliates for all claims resulting from Content you supply. We have the right but not the obligation to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
We reserve the right to investigate complaints or reported violations of the Site Policies and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Removal of Account
You may request removal of your account, any associated email address and access to our Services by submitting a removal request to us.
We may, without prior notice, immediately delete, limit your access to or suspend your account and access to our Services. Cause for such action shall include, but not be limited to, any breaches or violations of the Agreement or the Site Policies or other agreements or guidelines on the Site, requests by law enforcement or other government agencies, discontinuance or material modification to our Services (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with our Services. All deletions, limitations of access and account suspensions shall be made at our sole discretion and we are not liable to you or any third party for the deletion of your account or access to our Services.
Removal of your account includes any or all of the following: (a) removal of access to all or part of the offerings within our Services, (b) deletion of your password and all related information (or any part thereof), and (c) barring of further use of all or part of our Services.
Our website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), and those of other companies and industries that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Our website and the information contained on the Site does not constitute an offer or a solicitation of an offer for sale of any securities.
Information and Press Releases
Our website contains information and press releases about us. We disclaim any duty or obligation to update this information or any such press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
Disclaimer Of Warranties And Limitation Of Liability
This site is provided by minchens on an "as is" and "as available" basis. minchens makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. you expressly agree that your use of this site is at your sole risk.
to the full extent permissible by applicable law, minchens disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. minchens does not warrant that this site, its servers, or e-mail sent from www.minchens.com are free of viruses or other harmful components. minchens will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. the negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. this site and the products, services, and information presented would not be provided without such limitations.
we and our affiliates shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the site or any services or products obtainable from the site, (b) the unavailability or interruption of the site or any features of the site, (c) your use of the site or with the delay or inability to use the site, (d) the content contained on the site, or (e) any delay or failure in performance beyond our control.
The aggregate liability of us and our affiliates in connection with any claim arising out of or relating to the site, or the products, services or information provided by the site shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and our affiliates.
Any cause of action you may have with respect to the site or any products or services purchased using the site must be brought by you within one year after the cause of action arises or be forever waived and barred.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of the Site Policies or use of our website.
By visiting www.minchens.com, you agree that the laws of the state of China, without regard to principles of conflict of laws, will govern the Site Policies and any dispute of any sort that might arise between you and minchens or its affiliates.
Any dispute or unresolved controversy arising out of or relating to the Site Policies, your visit to www.minchens.com or to products you purchase through the Site shall be submitted to confidential arbitration under the auspices of JAMS in San Francisco, China, except that, to the extent you have in any manner violated or threatened to violate minchens's intellectual property rights, minchens may seek injunctive or other appropriate relief in any state or federal court in the state of China, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs with respect to any disputes arising under the Site Policies. To the fullest extent permitted by applicable law, no arbitration under the Site Policies shall be joined to an arbitration involving any other party subject to the Site Policies, whether through class arbitration proceedings or otherwise. By using the site, you specifically agree to be bound by this arbitration provision, and agree that all disputes must be arbitrated on an individual basis. You specifically agree that you have no right or authority to bring any dispute as a class, collective or representative action.
Other Site Policies and Modification
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide minchens's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying minchens and its affiliates that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.