Last modified Date: January 26th, 2015
The Service allows a user to invite one or more other users to participate in a group picture collage. Each of the invited users may choose to accept the invite and participate or not. Pictures are captured independently on each participating user’s device and a collage is created automatically (the “Groupie”) by the Service which is then shared with each of the participating users (the inviting user and the invitee users who accept the invite are collectively termed the “PicPal Group”). The PicPal Group may or may not be located at the same place.A user can store and share a Groupie outside the Service through other social means.
Myndbee has no control over, and assumes no responsibility for the Groupie, profile name, profile picture and other information or content captured, transmitted or shared (collectively “User Content”).
Myndbee will not and cannot censor or edit User Content. By using the Service, you expressly acknowledge and agree that Myndbee shall not be responsible for any damages, claims or other liability arising from or related to your use of the Service. Myndbee reserves the right to discontinue or change any aspect of the Service at any time.
In order to access and use the Service, you acknowledge and agree that you will have to provide Myndbee with your mobile phone number. You hereby give your express consent to Myndbee to access your contact list and/or address book for phone numbers in order to provide the Service.
You hereby give your express consent to Myndbee to provide the Service to create Groupie with pictures captured from your device and other users’ devices of PicPal Groups you are a part off. You are solely responsible for the User Content that you transmit, share or store.
You recognize that Groupies can be stored and saved by you and other users. And that Groupies can be shared outside of the Service through other means as well.
You must notify Myndbee immediately of any breach of security or unauthorized use of your mobile phone. Although Myndbee will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Myndbee or others due to such unauthorized use.
You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Myndbee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all content submitted by you to the Service to enable use in the manner contemplated by the Service and these Terms of Service.
You agree not to use the Service to upload, distribute, or otherwise use any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that will require Myndbee to obtain any third party licenses, permissions or consents in connection with using the content to provide the Service; (iii) that is tortious, trade libelous, defamatory, false, or intentionally misleading; (iv) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (v) that is harmful to minors in any way; (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, spam or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (vii) that violates any law, regulation, or contractual obligations.
You agree not to use the Service to: (a) upload or distribute any computer viruses, any malicious code, or any software intended to damage or alter a computer system or data; (b) collect any personally identifiable information, including phone number, of other users without their consent; (c) disable, impair, or otherwise interfere with servers or networks connected to the Service (d) attempt to gain unauthorized access to the Service; (e) directly or indirectly reverse-engineer our system or explore our system with requests that are outside of the customary requests made by users of the Service; or (f) interfere with another users use and enjoyment of the Service.
The design of the Service along with Myndbee created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Myndbee, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Myndbee reserves all rights not expressly granted in and to the Service. DMCA Copyright Policy
MyndBee does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and MyndBee will remove all content if properly notified that such content or infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Diffr user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to email@example.com. MyndBee reserves the right to remove content without prior notice. MyndBee may also terminate a users' access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had content removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized MyndBee employees or agents. MyndBee also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. MyndBee may remove such content and/or terminate a users' access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MYNDBEE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. MYNDBEE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. MYNDBEE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR CONTENT OR OTHER ADVERTISING, AND MYNDBEE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT MYNDBEE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY MYNDBEE FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. MYNDBEE MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless MyndBee, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Imitations, Status Submissions or content submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are more than 16 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 16 years of age, you are not permitted to use the Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. MyndBee is the developer of the Service, with a postal address at MyndBee, Inc, 545 East John Carpenter Freeway, Suite 300, Irving, TX 75062. MyndBee may be reached on the web at www.myndbee.com
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MyndBee without restriction.
a. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the Service. Your continued use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MYNDBEE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
b. If you are in contravention of any of this Terms of Service, MyndBee at its sole discretion may delete and close your account and prevent you from using the Service. In this case, you may lose of all of your data on the Service and Myndbee takes no responsibility for preserving or giving you access to such data.
Scope of License: The license granted to You is limited to a non-transferable license to use the Service on any iPhone or iPod touch or other Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: MyndBee is solely responsible for providing any maintenance and support services with respect to the Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty: You agree and acknowledge that Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Service to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility. However, as detailed in Section VII of this Terms of Service, you acknowledge and agree that MyndBee has disclaimed all warranties, express or implied, in connection with the Service and your use thereof and that the use of the Service shall be at your own risk.
Product Claims: You agree and acknowledge that MyndBee, not Apple are responsible for addressing any claims of the end-user or any third party relating to the Service your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You agree and acknowledge that in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, MyndBee not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: You should direct any questions, complaints or claims with respect to the Service to: MyndBee, Inc, 545 East John Carpenter Freeway, Suite 300, Irving, TX 75062 Email: firstname.lastname@example.org
Third Party Beneficiary: You and MyndBee acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms y, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the these Terms against you as a third party beneficiary thereof.
Myndbee Inc., a Delaware corporation (“Myndbee"), the owner and operator of www.Myndbee.com and www.getpicpal.com (“Myndbee Sites”) and the owner and operator of the mobile application PicPal (“PicPal”), collectively, including all content provided by Myndbee through the Myndbee Sites and the mobile application PicPal, the "Service".
The Service allows a user to invite one or more other users to participate in a group picture collage. Each of the invited users may choose to accept the invite and participate or not. Pictures are captured independently on each participating user’s device and a collage is created automatically (the “Groupie”) by the Service which is then shared with each of the participating users (the inviting user and the invitee users who accept the invite are collectively termed the “PicPal Group”). The PicPal Group may or may not be located at the same place. A user can store and share a Groupie outside the Service through other social means. The Groupie, profile name, profile picture and other information or content captured, transmitted or shared are collectively termed “User Content”.
MyndBee may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):
User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, display name and mobile device information to MyndBee when choosing to use the Service. In order to provide the Service, MyndBee will periodically access your address book or contact list on your mobile phone to locate the phone numbers of other MyndBee users (“in-app” numbers), or otherwise categorize other phone numbers as “out-app” numbers; however this information is not stored permanently on the servers and is not used for other purposes.
Cookies Information: When you visit the MyndBee Sites, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. MyndBee uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the MyndBee Sites may not function properly if the ability to accept cookies is disabled.
Log File Information: When you use the MyndBee Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Service, our servers log certain general information that our application sends whenever a message or other content is sent or received, including time and date stamps and the phone numbers the messages were sent from and to.
MyndBee does not collect names, emails, addresses or other contact information from its users' mobile address book or contact lists other than phone numbers. MyndBee does not transmit phone numbers to MyndBee's servers. Only a one-way hash of the phone number is transmitted to Myndbee's servers. This is used to identify members in the user's contact list that are also using the Service. If a suitable name for the phone number is not available on the mobile device, the software will show the display name associated with the said phone number in the Service.
We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Service. We may share non-personally-identifiable information with third-parties. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where, in our reasonable belief, an individual’s physical safety may be at risk or threatened. MyndBee also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that MyndBee believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the MyndBee Sites or our servers, and to protect the rights, property, or personal safety of MyndBee, our users or others.
In the event that MyndBee is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.