Terms of Service
Effective Date: August 10, 2019
By installing, using or accessing the service, you agree to these terms of service. If you do not agree to these terms of service, do not install, use or access the service.
Subject to your agreement and compliance with these Terms of Service and other Mensh Technologies policies, Mensh Technologies grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service for your own purposes. You agree not to use the Service for any other purpose. The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument by minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been banned by Mensh Technologies.
You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.
You are responsible for anything that happens through your Account. You will be required to select login credentials for your "Account Login Information". You shall not share the Account or the Login Information, nor let anyone else access your Account by using your credentials or do anything else that may jeopardize the security of your Account. If you suspect any breach of our security, you must immediately notify Mensh Technologies and modify your Account Login Information. You are responsible for maintaining the confidentiality of the Account Login Information, and you will be responsible for all uses of the Account Login Information, including purchases, whether or not authorized by you. Mensh Technologies reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
Any use of the Service in violation of these Limitations is strictly prohibited, can result in the immediate revocation of your license and may subject you to liability for violations of law. Mensh Technologies reserves the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself and reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
You agree that you will not, under any circumstances:
- Engage in any act that Mensh Technologies deems to be in conflict with the spirit or intent of the Service or make improper use of Mensh Technologies support services.
- Modify or interfere with the Service.
- Modify or cause to be modified any files that are a part of the Service without Mensh Technologies express written consent.
- Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users when using the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the Service.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Mensh Technologies.
- Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing behavior, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Mensh Technologies employees and customer service representatives.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Mensh Technologies employee.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
- Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Termination of Account and Service
Without limiting any other remedies, Mensh Technologies may limit, suspend, terminate, modify, or delete accounts or access to the service or portions thereof if you are, or Mensh Technologies suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. Mensh Technologies is under no obligation to compensate you for any such losses or results.
Without limiting our other remedies, we may limit, suspend or terminate all or part of the service and user accounts and sites, and their content, services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or not acting with the letter or spirit of our terms or policies. We may suspend or terminate accounts of users who repeatedly infringe on third party intellectual property rights.
Mensh technologies reserves the right to terminate any account that has been inactive for 120 days.
Mensh Technologies reserves the right to stop offering and/or supporting the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Mensh Technologies shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account shall include disabling your access to the Service including any content you or others submitted.
You may terminate your Account at any time and for any reason.
All rights, title and interest in and to the Service including without limitation any computer code or materials uploaded and stored using Mensh Technologies Services are owned by Mensh Technologies. Mensh Technologies reserves all rights, including without limitation, all intellectual property rights and other proprietary rights, in connection with its Services.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Mensh Technologies.
Mensh Technologies assumes no responsibility or obligation for the conduct or activity of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation comments text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation comments text, images and/or other materials uploaded.
Mensh Technologies reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content including without limitation your User Content without notice for any reason or for no reason at any time. If at any time Mensh Technologies chooses, in its sole discretion, to monitor the Service, Mensh Technologies nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our discretion to edit, or remove any User Content.
You are Responsible For Your Content
Mensh Technologies cannot and does not guarantee that other members you share user content with will not use the ideas and information that you share with them. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not invite others to share your user content. Mensh Technologies shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to share with others using this Service.
You are individually responsible for the user content that you submit, through the Service and that you share with others. Mensh Technologies may reject or delete any User Content for any or no reason, including, but not limited to, User Content, that Mensh Technologies decides, violates these Terms of Service.
You are responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Mensh Technologies reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Mensh Technologies to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Mensh Technologies access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Payment for Services
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Mensh Technologies may revise the pricing for the goods and services offered through the Service at any time. You acknowledge that Mensh Technologies is not required to provide a refund for any reason, and that you will not receive a refund of money or other compensation when an account is closed, whether such closure was voluntary or involuntary.
Our Service is an evolving one that gets updated often at our discression. Mensh Technologies may require that you accept updates to the Service that you have installed on your device or computer. You acknowledge and agree that Mensh Technologies may update the Service, with or without notifying you.
Disclaimer of Warranties
Without limiting Mensh Technologies liability described below, the service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Mensh technologies does not warrant that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the services are free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties. Some of the above disclaimers may not apply to you in those jurisdictions.
Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the maximum extent permitted by law, Mensh Technologies shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of service or the service itself, whether based on contract, tort or any other legal theory, and whether or not Mensh Technologies has been advised of the possibility of such damages. To the extent not prohibited by law, Mensh Technologies shall not be liable to you for more than the amount you have paid to Mensh Technologies in accordance with these terms of service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to Mensh Technologies during such time period, your sole remedy (and Mensh Technologies exclusive liability) for any dispute with Mensh Technologies is to stop using the service and to cancel your account.
Nothing in these terms of service shall affect the statutory rights of any consumer or exclude or restrict any liability resulting from gross negligence or willful misconduct of Mensh Technologies or for death or personal injury arising from any negligence or fraud of Mensh Technologies.
You agree to indemnify, defend and hold Mensh Technologies (and our officers, directors, agents, subsidiaries and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
Dispute Resolution and Law
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Mensh Technologies shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Mensh Technologies.
You acknowledge that the rights granted and obligations made under these Terms of Service to Mensh Technologies are of a unique and irreplaceable nature, the loss of which shall irreparably harm Mensh Technologies and which cannot be replaced by monetary damages alone so that Mensh Technologies shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Mensh Technologies Services and agree to limit your claims to claims for monetary damages, limited by above Sections (if any).
Mensh Technologies shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Mensh Technologies, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Mensh Technologies control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.