Myndplay Ltd is a company registered in England and Wales at Companies House (company number: 7380795).
GLOSSARY OF TERMS
The definitions featured in this glossary apply to the terms and conditions detailed herein:
Means an account created and registered on the Myndplay website, enabling access to the Services.
Means a collective term for all registered users of the Services with an Account.
Employees / Affiliates / Directors
Means individuals with a work and / or real fiduciary relationship with Myndplay.
Means Myndplay Ltd, a company registered at Companies House for England and Wales with company number 7380795 whose registered address is Regent House, 24 – 25 Nutford Place, London, W1H 5YN (or such other address as detailed online at Companies House for England and Wales).
Means the collective term for all content and software available for purchase on the Site and support and Community pages.
The Myndplay website, used to access the Services and an Account.
The platform from which Account users may purchase content and make use of the Services.
The terms and conditions set by Myndplay, governing use of the Site and the Services.
ACCEPTANCE OF THIS AGREEMENT
You may only accept into this agreement if you are considered an ‘Adult’ in the country / region in which you currently reside. For the avoidance of any doubt Myndplay deem the minimum age of consent / adulthood as anyone 18 years or older. By accepting the terms and conditions you confirm that you have read and understood all the terms and conditions stated herein or you are accepting into this agreement on behalf of yourself. You may not accept into this agreement on behalf any other individual and / or third party.
You shall be responsible for maintaining the security of your Account and solely responsible for the activity on your Account; you may not disclose your Account details to any other individual or 3rd party. Myndplay shall not ask you to disclose your Account details to its employees / affiliates / directors at any time. You will contact Myndplay immediately should your Account become subject of a security breach (or suspected security breach). Myndplay shall not be held liable for any losses suffered as a result of unauthorised use of your account nor any losses suffered as a result of a security breach.
REQUIREMENTS FOR USE OF SERVICES
To use the Services you require internet access, suitable hardware and software; the quality of your experience of the Services is wholly dependent on these factors. Content downloaded from the Store may be subject to periodic updates which may alter your user experience. Fees are payable for specific software downloads.
Services are available for use only in countries / regions where Myndplay is licensed for trade or in the absence of a requirement for a license, where local law is not contravened in any way by the features on the Site or Myndplay Ltd itself. You may not attempt to access the Service outside of these locations on condition. Myndplay may, from time to time, utilise technology to verify compliance with this requirement.
By purchasing content from the Store, you are entering into a legally binding contract to pay Myndplay for any / all content selected in addition to any applicable surcharges that accrue in connection with your transaction(s). These include, in particular but not limited to, taxes, duty, and additional fees however such costs are incurred dependent on the country / region and their relevant taxation laws.
Myndplay accepts payment via PayPal, credit card and debit card for all content purchased from the Store. It is your responsibility to ensure you provide Myndplay with accurate and valid PayPal or card details. Fees shall be deducted from the card or PayPal account you designate and such fees may include additional surcharges levied by the card.
Myndplay reserves the right to change the pricing of content within the Store at any time, without prior notice. You shall not be eligible for refund on content that is subject of price reduction or promotional discount.
Software will be available for immediate download, once payment has been processed. You will have 7 days to download purchased software; after this time period, the link will become inactive.
USE OF SERVICES
The Services are made available to you by way of a licence, obtained by registering an Account only. You may not access, attempt to access or utilise the Services via any other method.
You may only use the Services for your own, personal, noncommercial use. Commercial use of the Services and its content, unless express written authorisation is granted by Myndplay, is strictly prohibited (such authorisation being at the sole discretion of Myndplay).
Content may be downloaded only once after purchase; you are responsible for ensuring downloaded content is not lost, damaged or destroyed. You are not permitted to download the same content again, unless a subsequent payment is made. Myndplay shall not be liable to you for any losses suffered.
REFUNDS / RETURN POLICY
All sales of software are final.
However in the event that content is temporarily unavailable, after payment but before download, you may contact Myndplay to obtain another link for download.
Should you experience defects / faults with your headset, you must contact the manufacturer. Myndplay will not accept any liability for any faults or defects with the headsets.
Headsets can be returned for a full refund excluding delivery if returned unopened within 7 days of receipt.
While using the Services, you may encounter certain material which you deem to be objectionable; such material may or may not be identified by Myndplay as containing explicit content. Myndplay shall not be held liable to you for any offence caused; you agree to use the Services at your own risk. Whilst Myndplay provides descriptions of content, this does not guarantee accuracy and as such, may not be treated as a proper guide when determining whether a user may be offended or not.
The Site and the software used to operate the Site, certain property on the site, design rights the patents (and pending patents), copyright, the trademarks and other intellectual property rights are the property of Myndplay. Aside from instances where content is solely for the purposes of streaming, you may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You are not permitted to reproduce, modify, replicate, circulate or use for commercial purpose, any of the materials or content on the Site. You are not permitted to override or disable any security-related features of the Site.
Use of any content that is part of the Services, other than for uses permitted in this agreement, is strictly prohibited and leaves you liable to both criminal and civil law sanctions.
TERMINATION OF ACCOUNT
By brining legal action you accept that Myndplay will be eligible to claim damages from you. You agree that you will pay all reasonable legal costs incurred resulting from such legal action.
Myndplay will not be liable to you in any way as a result of termination of your Account.
SUSPENSION OF SERVICE
Myndplay reserves the right to temporarily suspend access to its Services, either wholly or partially, at any time without prior notice, as a result of necessary network maintenance, emergency repairs.
Myndplay shall not be held liable for any damages, claims or losses suffered as a result of suspending its Services.
Myndplay may suspend its Services, either wholly or partially, as a result of an event that is beyond its reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond its reasonable control and includes, in particular but not limited to, the following:
Myndplay cannot be held liable for any damages, claims or losses suffered as a result of suspending its services during and after a Force Majeure Event.
MyndPlay shall take appropriate steps to resume normal service, by bringing any Force Majeure Event to a close, as soon as can be reasonably expected.
TERMINATION OF SERVICE
At any time, you may terminate your Account and cease making use of Myndplay services, without further obligation on you.
Myndplay reserves the right to terminate its services, at any time, upon issuing notice no less than 30 days prior to termination. Notice of such termination shall be published on the Site.
Subject to this foregoing notice, Myndplay shall not be held liable for any damages, claims or losses suffered as a result of terminating its Services.
Myndplay may delete your Account and any information saved / accumulated. You have no right to transfer, sell or assign your Account to any individual or third party.
You will not be eligible to a refund on content purchased from the Store.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
BY ACCEPTING THESE TERMS AND CONDITIONS YOU AGREE TO USE MYNDPLAY SERVICES AT YOUR OWN RISK. ALL CONTENT AND PRODUCTS PROVIDED THROUGH THE SERVICES ARE (UNLESS EXPRESSLY STATED OTHERWISE BY MYNDPLAY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS FORBID THE EXCLUSION OF IMPLIED WARRANTIES AND AS SUCH, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT NECESSARILY APPLY TO YOU IF YOU ARE ACCESSING AND ALSO RESIDE IN SUCH JURISDICTIONS.
MYNDPLAY, ITS EMPLOYEES, AFFILIATES AND DIRECTORS SHALL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHICH MAY ARISE FROM YOUR USE OF THE SERVICES; NOR ANY CLAIM THAT RELATES TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR ACCESSIBILITY ISSUES, ANY DAMAGES OR LOSSES SUFFERED AS A RESULT OF USE OF ANY CONTENT AVAILABLE VIA THE SERVICES. CERTAIN JURISDICTIONS FORBID THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND /OR INCIDENTAL DAMAGES AND AS SUCH, MYNDPLAY LTD LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW OF THAT JURISDICTION.
YOU SHALL BE RESPONSIBLE FOR ANY EXCESSIVE USE OF THE SERVICES AND TO MAINTAIN A HEALTHY AND SOUND LIFESTYLE. MYNDPLAY SHALL NOT BE HELD LIABLE FOR ANY MENTAL OR PHYSICAL HARM SUFFERED BY YOU AS A RESULT OF EXCESSIVE USE OF THE SERVICES.
WHILST ALL NECESSARY PRECAUTIONS SHALL BE TAKEN, MYNDPLAY CANNOT GUARANTEE THAT ITS SERVICES WILL NOT BE SUBJECT OF DATA CORRUPTION, DATA LOSS, EXTERNAL INTERFERENCE, VIRUSES AND ANY OTHER SECURITY INFRINGEMENTS. THEREFORE YOU SHALL BE RESPONSIBLE FOR PROTECTING AND SECURING YOUR OWN SYSTEM INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICES THAT ARE STORED IN YOUR SYSTEM. TO LOSS OR DAMAGE OF ANY CONTENT OR PROPERTY CONNECTED TO YOUR SYSTEM.
WAIVER AND INDEMNITY
BY ACCEPTING THESE TERMS AND CONDITIONS YOU AGREE TO INDEMNIFY AND HOLD MYNDPLAY, ITS EMPLOYEES, AFFILIATES AND DIRECTORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.