Terms of Use – Mymyne – Never Mind the Cookies, Here's Situational Targeting

MYMYNE PLATFORM TERMS OF USE

These terms of use (Terms) represent a legal agreement between you and Mymyne Limited of International House, Nile Street, London, England, N1 7SR (Mymyne, us, our or we).

These Terms govern your access to and use of the Mymyne user platform (Platform) whether via our website at MyMyne.com or via our mobile device applications available through the Apple App Store, or any other applications, websites, products, services or electronic documents offered to you by us (collectively, the Services).

By accessing our website, downloading any of our mobile device applications, creating a user account and/or using any of the Services, you acknowledge that you have read these Terms and agree that they shall be binding upon you.

We recommend that you print a copy of these Terms for future reference.

AGREED TERMS

Acknowledgements
1. These Terms apply to the Services, including any updates or supplements to any Service, unless they come with separate terms which expressly replace these Terms, in which case those terms apply. Certain Services, including prize draws, may be subject to additional terms and conditions which shall apply in conjunction with these Terms (and those additional terms shall take precedence if there is a conflict between them and these Terms).
2. We may change these Terms at any time by posting the latest version on the Platform, or otherwise notifying you via any Service. You may be required to read and accept them to continue your use of the Services and, in any event, your continued use of the Services will constitute your acceptance of the amended Terms.
3. The terms of our Privacy Policy from time to time are incorporated into these Terms by reference and apply to the use of our Services. By using the Platform or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send via the Platform may be read or intercepted by others.
4. The Platform or any Service may contain links to and content from other independent third-party websites or features (Third-party Sites). Third-party Sites and content may also feature in images, comments and other materials available via the Services. We may also enable you to share yours and other users’ Content on Third-party Sites (such as Instagram, Twitter, Facebook and WhatsApp). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). Please refer to the Third-party Site provider’s terms and conditions and privacy policy for further details.
5. The Services may enable you to interact with Third-party Sites or features directly, which may require you to login to your account on the Third-party Site or service. You do so at your own risk. Any correspondence and business dealings with third parties via the Services are solely between you and the third party.
6. You may choose, at your sole and absolute discretion and risk, to use applications that connect your profile on the Services with a third-party service, including but not limited to social networks such as Facebook or Twitter (Third-party Service) and such Third-party Service may interact with, connect to, transfer or gather and/or extract information from and to your Service profile. By using such Third-party Services, you acknowledge and agree that you are consenting to information about your profile on the Services being shared and that your use of a Third-party Service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we or the Platform have not provided such information. You also agree that we may use such information transferred to us from a Third-party Service for the purposes of providing the Services and administering your account. Please refer to the Third-party Service provider’s terms and conditions and privacy policy for further details of how they manage and share your information.
7. You agree that any communications you submit to us regarding the Services, including but not limited to enquiries, feedback, suggestions, ideas, and other information or materials, shall be non-confidential and shall become our sole property. To the extent legally permissible, you waive any rights you may have in such communications (including but not limited to your intellectual property rights). We shall be entitled to use and share such communications for the purposes of improving our Services and providing better customer support to you and other users.
8. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
Grant and scope of licence
1. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the Platform, and access the Services, subject to these Terms. We reserve all other rights.
2. We reserve the right to modify or terminate any of the Services or your access to any Service for any reason, without notice, at any time, and without liability to you. Where reasonably practicable to do so, we may give prior notice of any material modifications or termination of any of the Services.
3. Your licence to access and use the Services is personal to you and you are responsible for any activity that occurs through your user account. You agree you will not sell, transfer, license or assign your account or any account rights (or attempt to do any of the same). You also represent that all information you provide or provided to us upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
Licence restrictionsExcept as expressly set out in these Terms or as permitted by any local law, you agree:
1. not to copy the Platform or any content or materials available via the Platform or Services except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Platform or any Service;
3. not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs;
4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
  1. is used only for the purpose of achieving inter-operability of the Platform with another software program;
  2. is not unnecessarily disclosed or communicated without our prior written consent to any third party;
  3. is not used to create any software that is substantially similar to the Platform;
5. not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
6. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service (Technology).
Use of the services
1. You warrant and represent that you have the legal right and capacity to enter into these Terms and access and use our Services in your jurisdiction.
2. You warrant and represent that any data, images, photographs, text, videos, information, logos, representations, comments, links, graphics, and/or other materials, including any username, real name, image, likeness, caption, location or other identifying information you include (Content) that you upload and post via the Services shall be owned by you or licensed to you, and that you have the right to grant the licences set out in clause 7.4 below.
3. You are responsible for maintaining the security of your user account details, including the username and password. You must not disclose any of the same to a third party. If you become aware, or reasonably suspect, that a third party has obtained access to your user account, you must notify us immediately. We reserve the right to suspend or permanently disable access to any user account we reasonably believe has been shared with, or accessed by, a third party.
4. You must:
  1. be at least 18 years of age in order to use the Services;
  2. not use the Platform or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any operating system;
  3. not infringe our intellectual property rights or those of any third party, in relation to your use of the Platform or any Service, including by the submission of Content, which includes any obligation to gain the consent of a celebrity or public figure in relation to your Content;
  4. not transmit or post any Content that is defamatory, offensive or otherwise objectionable, including but not limited to Content that includes anything of a violent, pornographic, discriminatory, unlawful, hateful or sexual nature, in relation to your use of the Platform or any Service;
  5. not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services;
  6. not use the Services for any illegal purpose or in any way other than in accordance with these Terms. You agree to comply with all laws, rules and regulations applicable to your use of the Services and your Content, including but not limited to, intellectual property laws;
  7. be solely responsible for your conduct and any Content that you submit, post or display on or via the Service;
  8. not create accounts for access to the Platform through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper;
  9. not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms or any other terms;
  10. not use the Platform or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  11. not use any Content posted or owned by others for business purposes or otherwise in any illegal, unauthorised or immoral manner;
  12. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. Violation of these Terms may, in our sole discretion, result in suspension or termination of your user account and access to any or all of the Services. You understand and agree that we cannot and will not be responsible for the Content posted on the Services, or for the conduct of other Service users, and your use the Services is entirely at your own risk.
6. We reserve the right to refuse access to any or all of the Services to anyone for any reason at any time.
7. We may, but shall have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms. If you become aware of any Content which you believe may violate these Terms, please contact us immediately via contact@mymyne.com.
8. In the event that any of the Services display advertisements and promotions, you hereby agree to the placement of such advertisements and promotions in the Platform and other Services as we see fit. You acknowledge and agree that clicking on any advertisement or promotion may take you to Third-party Sites, for which we do not accept any responsibility.
Vouchers and discountsOur Services may enable you to access and/or receive promotional vouchers and discounts, redeemable with third party businesses. Whilst we make these available, the promotion and any associated vouchers, codes and instructions are issued by third parties and we do not take any responsibility or liability for them. Such promotions may be altered or revoked by the issuer at any time and/or may be subject to terms and restrictions, which you are responsible for adhering to when accessing or redeeming any voucher. Issues or questions concerning these should be addressed to the relevant third party issuer.
Prize drawsOur Services may enable you to enter prize draws. If you do so, you agree that you have read and accepted our prize draw terms and conditions from time to time.
Intellectual property & other rights
1. You acknowledge that all intellectual property rights in the Platform and Services and the Technology anywhere in the world belong to us or our licensors, that rights in the Platform are licensed (not sold) to you, and that you have no rights in, or to, the Platform, Services or the Technology other than the right to use each of them in accordance with these Terms.
2. You acknowledge that you have no right to have access to the Platform in source-code form.
3. The Mymyne name and logo are trademarks of Mymyne Limited, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Mymyne.
4. You remain the legal owner of any Content you upload and post via the Services. By uploading your Content via the Services, you grant us a non-exclusive, royalty-free, transferable, sub-licenseable, perpetual, worldwide licence to use, adapt, modify, enhance or create derivative works from such Content, subject to these Terms and our Privacy Policy, as necessary or desirable for the purposes of providing, improving, expanding and promoting the Services and any other products or services we may offer or provide from time to time.
5. You acknowledge and agree that posting any Content via the Services makes such Content publicly available and other users of the Services can view, interact with and share such Content, whether via the Platform or via Third-party Sites (such as Pinterest, Facebook, Twitter or WhatsApp). We are not responsible for other users’ use of the Content and we hereby disclaim any liability in relation to the same.
6. We reserve the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. We encourage you to maintain your own backup of your Content. You agree that you will not rely on any of the Services for backup or storage purposes. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
7. Except as otherwise described in our Privacy Policy, as between you and us, your Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.
Warranties disclaimer
1. The Services, including but not limited to, the Platform and all content and materials contained or available therein, are provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither we nor any of our group companies, employees, officers or agents, make any representations or warranties of any kind, whether express or implied, as to:
  1. the Services;
  2. the Platform content or functionality;
  3. any user Content;
  4. the security associated with the transmission of information to the Platform or via the Services.
2. We do not represent or warrant that the provision of the Services will be uninterrupted or error-free. There will be occasions when the Services may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
3. We do not warrant or represent that your use of the Services is lawful in any particular jurisdiction and you are responsible for ensuring that your access and use of the Services complies with all local laws and regulations.
4. We hereby disclaim any and all warranties, whether express or implied, including but not limited to those as to quality, fitness for purpose, non-infringement, title, quiet enjoyment, or freedom from viruses or malware.
Limitation of liability
1. We only make the Platform and Services available for domestic and private use and you agree not to use the Platform or any other Service for any commercial, business or resale purposes. In any event, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity (whether direct or indirect and whether or not foreseeable).
2. We shall not be liable to you for any losses, whether in contract, tort, statutory duty or otherwise (including but not limited to direct, indirect, special, incidental or consequential losses or damages), that are directly or indirectly related to:
  1. your access and use of the Services or that of third parties;
  2. user-based or originating content, including but not limited to Content;
  3. your inability to use the Services;
  4. use of your Content by third parties;
  5. any third party claim of intellectual property infringement in relation to your Content or any other user content;
  6. any damage to any devices, including any computer, mobile device, or other equipment or technology, including but not limited to any damage which results from any security breach or from any virus, bug, malware or fraud;
  7. loss of, or damage to, any Content or other data, whether or not such losses are foreseeable and regardless of whether we have been advised or, or should have known about, the possibility of such damages.
3. Subject to clauses 9.1, 9.2 and 9.4, our maximum aggregate liability under or in connection with this contract (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £500. This does not apply to the types of loss set out in condition 9.4.
4. Nothing in these Terms shall limit or exclude our liability for:
  1. death or personal injury resulting from our negligence;
  2. fraud or fraudulent misrepresentation; and
  3. any other liability that cannot be excluded or limited by English law.
Termination
1. Without prejudice to our other rights and remedies under these Terms and in law, we may terminate our contract with you immediately:
  1. if you commit a material or persistent breach of these Terms or any others applicable to your use of the Platform or any of the Services. For the avoidance of doubt, any breach of clauses 3 or 4 of these Terms shall be deemed a material breach; or
  2. if you breach any of the Licence Restrictions or any provisions of our acceptable use or other community policies.
2. On termination for any reason:
  1. all rights granted to you under these Terms shall cease;
  2. you must immediately cease all activities authorised by these Terms, including your access to any registered user accounts and/or use of any Services;
  3. we may deactivate and/or delete your user account and you agree not to attempt to access your user account, or create any other user account without our consent.
3. You acknowledge and agree that on termination of your rights under these Terms, or otherwise notwithstanding the deletion, deactivation or non-use of your user account, we may continue to store and use your Content in accordance with these Terms.
Communication between us
1. If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can contact us via contact@mymyne.com or at MyMyne Customer Services, International House, 64 Nile Street, London, N1 7SR.
2. If we have to contact you or give you notice in writing, we will do so by e-mail.
If we have to contact you or give you notice in writing, we will do so by e-mail.
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.
2. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
3. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
4. These Terms, together with any documents referred to in them constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements between you and us.
5. No third party shall have the right to enforce any provision in these Terms.
6. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7. Each of the clauses in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
8. The agreement between us, incorporating these Terms, and its subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in relation to any claim or dispute arising out of or in connection with it (whether contractual or non-contractual).