By logging on to MindMeister, users accept the following General Terms and Conditions (hereinafter the "GTC") for using MindMeister.
MindMeister operates MindMeister services under various top-level domains (MindMeister.com, MindMeister.de etc.), as well as various sub-domains and aliases of these domains. All Web sites on which MindMeister provides MindMeister services are hereinafter referred to as "MindMeister Web sites."
These GTC shall govern the contract relationship between the User and MindMeister, irrespective of which MindMeister site the User is registered with or logged on to.
The User enters into this agreement on the use of MindMeister services with MeisterLabs GmbH, Werner-Eckert-Strasse 12, 81829 Munich, Germany. Additional contact information, commercial registry data, as well as the name of the authorized representative of MeisterLabs GmbH can be found under "Imprint".
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the "Terms & Conditions" link that appears on all MindMeister Web sites.
2. Subject Matter
The MindMeister Web sites offer registered users two options: a) a free membership (with a limited feature set hereinafter referred to as "Free Membership") and b) several paid memberships for organisations (with more advanced feature set hereinafter referred to as "Paid Memberships").
Details about the applicable fees for the Paid Membership Editions are set forth on the MindMeister Web sites under "http://www.mindmeister.com/pricing". The fees listed are binding. Payments for the Paid Membership Editions shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If MindMeister is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. MindMeister may deliver invoices to the User for Paid Memberships by email.
Any use of the services and contents offered on the MindMeister Web sites beyond the scope of options provided by MindMeister requires the prior written consent of MindMeister.
MindMeister shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. MindMeister is entitled to remove any illegal or prohibited data and/or information from MindMeister Web sites without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the MindMeister Web sites. MindMeister shall nonetheless endeavor to keep MindMeister Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond MindMeister's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on MindMeister Web sites.
3. Registration, and Representations and Warranties upon Registration
Users must register prior to using any of the services on the MindMeister Web sites.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to MindMeister without undue delay.
The User shall not use pseudonyms or pen names.
The User shall choose a password upon registration. The User is obliged to keep this password secret. MindMeister shall not disclose the password to any third party and MindMeister shall not ask for the User's password at any time.
By completing the registration process, the User consents to enter the agreement to use the services of the MindMeister Web sites. MindMeister accepts this offer by activating the membership for the use of services on MindMeister Web sites. The agreement takes effect with the aforementioned acceptance by MindMeister.
Each User is entitled to register with MindMeister only once.
If a company uploads a logo for branding purposes, MindMeister is allowed to use this logo for marketing purposes on the Website.
4. Right of cancellation for consumers
If a user is registered at MindMeister for a purpose that is not related to either his or her commercial or freelance activity, the following provisions apply to him or her as a consumer under the law (§13 German Civil Code):
Right of cancellation
The User may cancel registration for the Free and Paid Memberships in writing (e.g. by letter, fax or email) within two (2) weeks without stating a reason. The two-week period begins when membership is activated by MindMeister.
Furthermore, the User may cancel registration for the Paid Membership in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Free Membership to a Paid Membership. The two-week period begins when Paid Membership is activated by MindMeister.
After receipt of the invoice the user can not cancel the current payment.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice should be sent by post to MeisterLabs GmbH, Werner-Eckert-Strasse 12, 81829 Munich, Germany. The User may deliver notice of termination using the contact form available at all MindMeister Web sites, or by sending a fax or letter to MindMeister. The fax number and email address of MindMeister can be found at http://www.mindmeister.com/imprint.
The User's right of termination under section "Termination of Membership, Reimbursement of Advance Payments" shall not be affected by the User's cancellation right under this section.
Premature lapse of the right of cancellation
In accordance with §312d Par. 3 BGB (German Civil Code), the User's right of cancellation lapses before the end of the right of cancellation period cited in the previous section, in the following cases.
If MindMeister has begun performing the MindMeister services for which the User is registered with the express consent of the User, or
If the User has initiated the MindMeister services for which the User is registered (e.g. in which the User has accessed the MindMeister services that MindMeister has made available to the User in accordance with the type of Membership chosen by the User at registration).
Consequences of cancellation
In the event of a valid cancellation of a Paid Membership, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to MindMeister, then the User must reimburse MindMeister for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.
5. Obligations of the User
The User is obliged to refrain from using any pseudonyms or pen names.
To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or MindMeister personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Unreasonably annoy (particularly with spam) any other user (cf. §7 of the German Unfair Competition Act)
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
The User is prohibited from the following:
Employing any mechanisms, software or scripts when using MindMeister Web sites. However, the User may use the interfaces or software provided by MindMeister within the scope of the services available on the MindMeister Web sites.
Blocking, overwriting, modifying and copying of any contents of the MindMeister Web sites, unless said actions are necessary for the proper use of the services on the MindMeister Web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Web sites of MindMeister or any other user
Performing any actions which may impair the operability of MindMeister's infrastructure, particularly actions which may overload said infrastructure.
Using more than 1 GB of file attachments on mind map topics for Personal Edition.
Using more than 5 GB of file attachments on mind map topics for Pro Edition.
Using more than 20 GB of file attachments on mind map topics for Business Edition.
6. Changes to the Services on MindMeister Web sites
MindMeister reserves the right to modify the services offered on the MindMeister Web sites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
7. Termination of Membership, Reimbursement of Advance Payments
The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all MindMeister Web sites at any time. The termination notice shall include the User's registered name and an email address of the User registered on one of the MindMeister Web sites.
The User may terminate without cause the Paid Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all MindMeister Web sites, or by sending a fax or letter to MindMeister. The termination notice shall include the registered name of the User and an email address of the User registered on the MindMeister Web sites. If the User has terminated the Paid Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
A good cause is defined as an event which makes it unacceptable for MindMeister to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of MindMeister against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions
If the User breaches a contractual obligation, in particular an obligation set forth in sections 3 and 5 of these GTC
If the reputation of the services offered on the MindMeister Web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s)
If the User is a member of a religious sect or a denomination that is controversial in Germany.
In the event of a good cause in accordance with this section and notwithstanding MindMeister's right to terminate the contract in accordance with this section, MindMeister is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the MindMeister Web sites.
In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If MindMeister has terminated the contract for good cause pursuant to section 7,
If MindMeister has blocked the User's access in accordance with section 5, or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to MindMeister.
8. Responsibility for the User's Content, Data or other Information
MindMeister does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the MindMeister Web sites or on any external websites linked to them. In particular, MindMeister does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
The User may report any activities of any other user which violate applicable laws adn/or any of the terms and conditions of these GTC (including the use of pseudonyms or false identities) using the contact form available at all MindMeister Web sites.
9. Customer Service/Support
Queries regarding agreement with MindMeister or regarding MindMeister services can be sent by the customer to MindMeister using the contact form available at all times on all MindMeister Web sites, or by sending a fax or letter.
10. Liability of MindMeister
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against MindMeister (including its vicarious agents) shall exist only if MindMeister breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by MindMeister's business liability insurance, provided the insurance company has effected payment to MindMeister. MindMeister undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
This shall not affect personal injury and property damage claims based on the German Product Liability Act.
The User shall indemnify and exempt MindMeister from all actions, including damage claims, asserted by other users or third parties against MindMeister resulting from an infringement of their rights by the contents posted by the User on MindMeister Web sites. Furthermore, the User shall indemnify and exempt MindMeister from all actions, including damage claims, asserted by other users or third parties against MindMeister resulting from an infringement of their rights regarding the use of the services on MindMeister Web sites by the User. The User assumes all reasonable costs MindMeister incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by MindMeister, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at MindMeister's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of MindMeister Web sites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by MindMeister.
12. Data Protection
MindMeister recognizes that any data provided by the User to MindMeister is extremely important to the User, and MindMeister shall therefore be particularly sensitive in handling such data. MindMeister shall comply with all applicable legal provisions regarding data protection (German Data Protection Laws, European Data Protection Directives and any other applicable data protection legislation). In particular, MindMeister shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on MindMeister's treatment of the User's data are set forth in the Privacy Statement of MindMeister accessible from each of the MindMeister Web sites.
13. Right to Contents
When the User posts his or her contribution to a forum, the User grants MindMeister an unlimited, irrevocable and assignable right of use for the respective contribution, which MindMeister is entitled to utilize for any purpose. In particular, MindMeister is entitled to keep said contribution on the forum, and on its Web sites and the Web sites of its partners, or use it for marketing the forum in any other way.
Consequently, MindMeister has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of MindMeister. Copying, downloading, dissemination, distribution and storing of the contents of MindMeister and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
Any other content (especially mind maps) belong to the user and MindMeister fully recognizes this rights.
14. Final Provisions
These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
MindMeister reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. MindMeister shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. MindMeister shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
Unless otherwise stated in these GTC, the User may submit all notices to MindMeister using the contact form provided on each of the MindMeister Web sites, or by letter or fax. MindMeister may send notices to the User by email, fax or post to the addresses given in the User's current contact data in his or her user account.
If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
The place of performance under these GTC shall be MindMeister's main place of business.
Place of jurisdiction, insofar as legally admissible, shall be the main place of business of MindMeister.
These GTC and the contractual relationship shall be governed by German Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by German Law.
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