TERM OF SERVICE
Please read these terms and conditions of use carefully (“Terms”). These Terms govern and apply to your access and ongoing use of www.minpray.com and MINPRAY’s social community services available via MINPRAY’s website and MINPRAY’s mobile applications (collectively, the “Service”). By accessing or using our Service, you agree to be bound by all of the terms and conditions described in these Terms. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to any or all of these terms and conditions, you may not use our Service.
Use of the Service
MINPRAY allows you to access and view content through mobile (“App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and MINPRAY grants you a limited, non-exclusive, non-transferable and revocable license to access and use the Service, for your own personal use. You may not: (i) copy, modify or distribute the App for any purpose; (ii) transfer, sublicense, lease, sell, resell, lend, rent or otherwise distribute the App or the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of any portion of the App or the Service or attempt to discover any source code or underlying ideas or algorithms of the Service; (iv) access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (v) make the functionality of the App or the Service available to any third party or multiple users through any means; (vi) use the Service to transmit material in violation of third party privacy rights; (vii) use the Service to store or transmit malicious code; (viii) interfere with or disrupt the integrity or performance of the Service or third party data contained therein; or (ix) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You agree to comply with any such restrictions or limitations. MINPRAY reserves the right, without limiting any other right or remedy available at law, in equity, or under these Terms, to immediately suspend your access to and use of the Service if MINPRAY determines, in its sole discretion, that you are engaging (or have engaged) in any of the activities previously identified. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (such as the Apple App Store or Google Play) where the App is made available (each an “App Provider”). You acknowledge and agree that:
These Terms are between you and MINPRAY, and not with the App Provider.
MINPRAY, not the App Provider, is solely responsible for the App.
The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
In the event that the App fails to conform to an applicable warranty, you may notify the App Provider, and the App Provider may refund the purchase price for the App to you (if applicable). However, the App Provider shall have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any material failure to conform to any warranty will be the sole responsibility of MINPRAY.
The App Provider is not responsible for addressing any claims you may have or any claims of any third party relating to the App or to your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection laws or similar legislation.
In the event of any third party claim that the App or your possession and use of that App infringes a third party’s intellectual property rights, MINPRAY shall be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim to the extent required by these Terms.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of the terms and conditions of these Terms, the App Provider has the right to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
You shall also comply with all applicable third party terms of service when using the App.
Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), at the sole discretion of MINPRAY without prior notice to you. We may automatically upgrade our Service and you agree that these Terms shall apply to such upgrades. Our Service may also, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
Membership
Your MINPRAY membership will continue month-to-month or yearly, depending on which plan you chose and will automatically renew until terminated. To use MINPRAY, you must have Internet access and an MINPRAY ready device. You must cancel your membership before it renews in order to avoid billing for the next membership period. (see “Cancellation” below).
Cancellation
You can cancel your MINPRAY membership at any time, and you will continue to have access to the MINPRAY service through the end of your billing period (weekly or yearly). We provide refunds for yearly subscriptions cancelled within 30 days of purchase or 3 days if the subscription is weekly. To cancel, go to the iTunes store subscription page on your Apple device, which can also be found under “Manage Subscription” under “Settings” in the MINPRAY app.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.
Content on the Service
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content.
Copyright Policy
We respect the intellectual property rights of others and expect you to do the same. It is our policy to not permit copyright infringing activities and infringement of intellectual property rights on the Service and at our discretion, we will remove any such Content if notified that such Content infringes on another’s intellectual property rights. In accordance with the Digital Millennium Copyright Act of 1998 (http://www.copyright.gov/legislation/dmca.pdf), we will respond to claims of copyright infringement committed using our website that are reported to us at the following address: minpray.com@gmail.com
Unauthorized Activities
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Indemnity
You agree to indemnify and hold us, our officers, directors, employees and agents harmless from and against any and all claims, suits, proceedings, disputes, demands, losses, costs, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) we incur in any way in relation to, or arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account, or your Content or breach of these Terms violates any applicable law or regulation, or the rights of any third party.
Links to Third Party Sites
The Service may include links to other third-party websites, advertisers and services that are not owned, operated or controlled by us. We are providing these links to you only as a convenience and we do not endorse nor are we responsible for the content or links displayed on such sites. If you access any third party website, service, or content from us, you agree that you are responsible for and assume all risk arising from your use or reliance of any third party website, service or content.
Ownership
You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of MINPRAY and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
Termination
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the App and/or Service with or without notice to you.
Disclaimer
You understand and agree that the App and the Service and all included content are provided to you “AS IS” and on an “AS AVAILABLE” basis without warranty of any kind, whether express or implied. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We further take no responsibility and assume no liability for any Content that you post or send using our Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE APP AND IN NO EVENT WILL IT EXCEED FIFTY DOLLARS ($50.00). WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND/OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above might not apply to you.
General
These Terms are governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we reserve the right to determine the form and means of providing notice to you and you agree to receive legal notices electronically if we choose. We will use reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Service.
Contact Information
Please contact us at minpray.com@gmail.com if you have any questions about our Terms. These terms were last updated on June 24, 2024.