Some of the most basic things you are agreeing to are listed below in plain English.
Use of Likeminder
- You must be 18 years of age or older to use Likeminder.
- You may use Likeminder only for its intended purpose and not for anything illegal, commercial or creepy, including to harass, bully, intimidate, groom, stalk, slander or lie about other Members or to advertise or promote other products and services.
- Likeminder is not a crisis hotline. You may not use Likeminder for emergencies, and should call ‘911’ if you are in immediate danger or are a danger to others.
- Likeminder is not a medical site. You may not use Likeminder to provide medical advice or information. You should consult a medical professional for medical advice or information.
- Likeminder has no liability relating to your use of our services.
Anonymity on Likeminder
- You are responsible for your own privacy and anonymity on Likeminder, and must create and maintain a confidential username and a private email address.
- You may not share any information that could disclose your real identity.
- You may not share any information that could disclose another Member’s real identity, and you may not try to ascertain another Member’s real identity.
Content on Likeminder
- You are responsible for any content you publish on Likeminder, and understand that published content can be seen by other Members and may be further shared by other Members.
- You understand that content you post on Likeminder is no longer your property.
Now the long and detailed part…
A. Purpose of Likeminder
Likeminder is a social network for your private life.
Our mission is to help adults make emotional connections and have authentic conversations with like-minded peers about personal stuff, and do so without leaving a digital footprint.
To achieve our mission, we provide an anonymous and trust-based social network where you can feel safe and secure to speak freely about things that are very personal to you…things you don’t want to talk about publicly in other online social or professional networks. Likeminder is accessible through Web and mobile applications and is available to help you and others like you safely exchange ideas; explore and identify goals, aspirations and obstacles; find positive support, feedback and advice; facilitate new thinking; and learn new behavior so you can become more self-reliant, secure and productive.
Likeminder is a social network, not a medical site and we do not provide medical information.
B. This Agreement
If you have been invited to join Likeminder by a company, organization, person or other entity (a “Sponsor”) who has sponsored your Likeminder subscription to one or more Premium Services (defined herein), you are nevertheless individually bound by this Agreement even if your Sponsor has a separate agreement with Likeminder.
If you do not want to register an account and become a Likeminder Member, do NOT click “Join Now” (or “Join Likeminder” or similar) and do not access, view, download or otherwise access or use any Likeminder Service.
By clicking “Register” (or “Join Now” or “Join Likeminder” or similar) or by using the Likeminder Service, you acknowledge that you have read the Agreement and that you understand and agree to be bound by all of its Terms and provisions. By clicking “Register” or otherwise creating a Likeminder account, you also consent to use electronic signatures and acknowledge your click of the “Register” button as one.
Please read these terms carefully, and keep a copy of them for your reference.
2. Your Rights & Obligations
A. Your Likeminder Membership and Online Identity
You may create a single anonymous Likeminder account for yourself through which you may access the Service.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that: (1) you are at least 18 years old; (2) you are not currently restricted from the Services or not otherwise prohibited from having a Likeminder account, (3) you are not a competitor of Likeminder or are not using the Services for reasons that are in competition with Likeminder; (4) you will only maintain one Likeminder account at any given time for your own personal use; (5) you will NOT use your real name and will otherwise provide accurate profile information to Likeminder; (6) you have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) you will not violate any rights of Likeminder or third party, including intellectual property rights such as copyright or trademark rights; (8) you agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services; and (9) you will comply with all your obligations under this Agreement.
You alone are responsible for protecting the access to and anonymity of your Likeminder account. You agree to keep your password secure and confidential and that you will NOT: (1) reuse a User Name that is already known to others or that would reveal your real identity to those closest to you; (2) use a personally identifiable email address such as your work email address; (3) permit others to use your account; (4) use another Member’s account (5) allow another Member to use your account; (6) publish content on Likeminder that reveals your or others true identity or specific location; or (7) sell, trade, or transfer your Likeminder account to another party.
You are responsible for your own privacy and anonymity when you converse on Likeminder. You understand that it is impossible for us to review all user-generated content submitted to the Service, and it is your responsibility NOT to share any information that may reveal your real identity or physical location.
B. Your Access to Likeminder
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or Likeminder authorized application.
You are not permitted to access Likeminder through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Likeminder.
You understand that any unauthorized access to Likeminder on your part will result in a suspension or termination of your Likeminder account and related privileges.
C. Your Use of Likeminder
Subject to your compliance with all your obligations under this Agreement, you may use your Likeminder account to view, start and participate in conversations. (Within Likeminder, you “Post” content to start or participate in conversations.) In certain circumstances, you may also use your Likeminder account to sponsor or otherwise purchase Premium Services and/or participate in Premium Services sponsored by others.
Any other use of Likeminder contrary to our mission and purpose (such as seeking to connect to someone for commercial, destructive or illegal purposes or to gather information from Likeminder for commercial purposes) is strictly prohibited and a violation of this Agreement.
You understand that all content created on Likeminder is the property of Likeminder, although you may re-use the specific content that you Post on Likeminder without restriction, subject to your obligations and restrictions as specified in the Agreement.
You understand Likeminder is a social sharing service and not an emergency hotline or a replacement for therapy.
You will not use the Likeminder system for emergencies. If you or anyone you know is either in immediate danger or a danger to others, you understand that you must call the police or an emergency number such as 911.
Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information contains no personally identifiable information and is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
You are responsible for anything that happens through your account until you close your account. To close your account, please send us a request.
You understand that any existing conversations you started or participated in will remain on Likeminder even after your account is closed.
D. Prohibited Activities
The following activities and use of Likeminder are expressly prohibited (“Prohibited Activities”):
- Creating or using more than one Member profile;
- Creating a Member profile for anyone other than yourself;
- Using or attempting to use another’s Member account on Likeminder;
- Using your real name within your Member profile or posting information or other content that reveals your true identity or specific location;
- Publishing inaccurate information within your Member profile;
- Sharing any information that could disclose another Member’s real identity;
- Trying to ascertain any personally identifiable information of another Member;
- Engaging in dishonest or unkind behavior by posting intentionally inappropriate, inaccurate or objectionable content to Likeminder
- Harassing, abusing or attempting to intimidate another person, including sending unwelcomed communications to others using Likeminder;
- Uploading, posting, transmitting or otherwise making available or initiating any content that:
- Other than in accordance with the anonymity requirements of the Site, falsely states, impersonates or otherwise misrepresents your identity, affiliations or expertise, including but not limited to the use of another person’s identity or credentials;
- Is unlawful, libelous, hateful, abusive, obscene, offensive, profane, discriminatory or otherwise objectionable, including but not limited to racism, bigotry, discriminatory or other attacks on any race, religion, gender, people or Member;
- Is dangerous or encourages dangerous, risky or illegal behavior, including posing a danger to others, grooming and trolling;
- Is destructive or provides inappropriate or potentially harmful instruction, such as “How To” questions & instructions related to drugs, explosives, cheating, revenge;
- Is sexually offensive, such as graphic or vulgar descriptions for shock value, beyond what is necessary to explore a valid issue;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Likeminder);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Likeminder to send messages to people who don’t know you or who are unlikely to recognize your screen name; (b) using Likeminder to gain affiliations with others through which you send unsolicited promotional messages without their permission; and (c) ThoughtCasting promotional messages;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Likeminder or any user of Likeminder;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
- Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution;
- Contains sex and sexual education inquiries, propositions and instructions.
- Participating, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
- Duplicating, licensing, sublicensing, publishing, broadcasting, transmitting, distributing, performing, displaying, selling, rebranding, or otherwise transferring information found on Likeminder (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Likeminder;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Implying or stating, directly or indirectly, that you are affiliated with or endorsed by Likeminder unless you have entered into a written agreement with Likeminder acknowledging such a relationship;
- Adapting, modifying or creating derivative works based on Likeminder or technology underlying the Services, or other Members’ content, in whole or in part, without the express written permission of Likeminder;
- Renting, leasing, loaning, trading or selling/re-selling access to Likeminder or any information therein, or the equivalent, in whole or in part without the express written permission of Likeminder;
- Selling, sponsoring or otherwise monetizing a Likeminder affinity group or micro-community or any other service or functionality of Likeminder, without the express written permission of Likeminder;
- Removing any copyright, trademark or other proprietary rights notices contained in or on Likeminder, including those of both Likeminder and any of its licensors;
- Collecting, using, copying, or transferring any information, including, but not limited to, personally identifiable information obtained from Likeminder except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Infringing or using Likeminder’s brand, logos, trademarks or intellectual property, including, without limitation, using the word “Likeminder” in any business name, email, or URL or including Likeminder’s trademarks, logos or designs except as expressly permitted by Likeminder;
- Using manual or automated software, devices, scripts robots or other means or processes to access, “scrape,” “crawl” or “spider” any Web pages or other services contained in the Site;
- Using bots or other automated methods or intermediary services to access Likeminder, add or download Content (as defined below), submit or redirect Posts, or perform other similar activities through Likeminder, unless explicitly permitted by Likeminder;
- Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Likeminder Service;
- Attempting to override or actually overriding any access or security component included in or underlying Likeminder; and/or
- Engaging in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Likeminder’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Likeminder personnel, attempting to gain unauthorized access to Likeminder, or transmitting or activating computer viruses through or on Likeminder.
You agree to indemnify us and your Sponsor and hold us and your Sponsor harmless for all damages, losses and costs related to all third party claims, charges, and investigations, directly or indirectly caused by your failure to comply with any or all of the terms and conditions of this Agreement, including but not limited to (1) your submission of any personal information, (2) your submission of any content that violates third party rights or applicable laws, (3) your submission of any content you submit to the Services, and (4) any activity in which you engage on or through Likeminder.
F. Payment and Payment Information
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), whether purchased for yourself or for others, you agree to Likeminder storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription.
Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction(s) with us may result in differences for advertised prices because of additional taxes or levies, currency exchange rates or foreign exchange fees. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Likeminder does not support all payment methods, currencies or locations for payment.
Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not provide refunds for lack of usage or dissatisfaction.
You understand that Likeminder’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
G. Notifications and Service Messages
For purposes of service messages and notices about the Services, Likeminder may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Likeminder to an email address associated with your account, even if we have other contact information.
You acknowledge and agree that Likeminder may communicate with you through your Likeminder account or through other means including email about your Likeminder account or services associated with Likeminder and that such communication satisfies any legal requirement that such communications be in writing. Please log into Likeminder and review your Profile Settings to control what kind of messages you receive from Likeminder.
You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
H. User-to-User Communication and Sharing
Likeminder enables sharing of information about you, your observations and comments, and other information you provide (collectively “Content”). The Service allows Members to share Content in many ways, including by posting it through Profiles, Discussions, Journals, ThoughtCasting, Private Messaging, Groups, Replies, Comments, Answers, and Updates (collectively “Posts”).
Likeminder members can freely create Posts, however, Likeminder, in its sole discretion, may close, transfer, modify or remove Posts or Content within Posts if the Posts or Content violates any or all of the terms and conditions of this Agreement or any third party intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and Likeminder cannot guarantee that other Members will not use the ideas and information that you share on Likeminder. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to on Likeminder.
LIKEMINDER IS NOT RESPONSIBLE FOR ANOTHER MEMBER’S OR OTHER THIRD-PARTY’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON LIKEMINDER.
I. Likeminder Applications
Likeminder may offer its Services through applications built using Likeminder’s platform (“Likeminder Applications”). Examples of Likeminder Applications include smart phone and tablet applications.
If you use a Likeminder Application, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider or your physical location may be communicated to us. Further, by Posting any of your Content through the Likeminder Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.
You acknowledge you are responsible for all charges and necessary permissions related to accessing Likeminder through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of any End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
J. Third Party and Linked Accounts
You understand that you are responsible for your own privacy when using Likeminder.
L. International Users
The Service is controlled, operated and administered by Likeminder from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Likeminder Content accessed through www.likeminder.net in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
M. Export Control
Your use of Likeminder services, including our software, may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving products of U.S. origin, including services or software.
N. Contributions to Likeminder
By submitting ideas, suggestions, documents, or proposals (“Contributions”) to Likeminder through its suggestion or feedback Web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Likeminder is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Likeminder shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Likeminder may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Likeminder rights to exploit your Contributions; (f) you are not entitled to any compensation or reimbursement of any kind from Likeminder under any circumstances; and (g) your Contributions do not infringe on any third party intellectual property rights.
3. Our Rights & Obligations
A. Ownership of Content
All content created on or within Likeminder is the property of Likeminder, although you may re-use the specific content that you Post on Likeminder without restriction, subject to your obligations and restrictions as specified in this Agreement.
B. Services Availability
For as long as Likeminder continues to offer the Services, Likeminder shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Likeminder as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Likeminder, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Likeminder or by direct communication to you unless otherwise noted. Likeminder further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Likeminder to be contrary to this Agreement. For avoidance of doubt, Likeminder has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
C. Third Party Sites and Providers
Likeminder may include links to third party websites (“Third Party Sites”) on the Service, including, without limitation, third party services to facilitate payment (“Payment Processors”). Likeminder may also enable certain third party providers (“Providers”) to offer their own services (“Provider Services”) through Likeminder.
Likeminder is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Provider Services. Likeminder also does not screen, audit, or endorse Provider Services. Accordingly, if you decide to use Third Party Sites or use Provider Services, you do so at your own risk and agree that your use of any Provider Service is on an “as-is” basis without any warranty as to the Provider’s actions, and that this Agreement does not apply to your use of any Third Party Site or Provider Service.
D. Disclosure of User Information
E. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Likeminder may, in our sole discretion, limit the number of your Posts and may, in certain circumstances, prohibit you from contacting other Members through use of the Services or otherwise limit your use of the Services. Likeminder reserves the right, but has no obligation, to monitor conversations between you and other Members and to restrict, suspend, or close your account if Likeminder determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Likeminder does not endorse or seek to promote any direct interaction between you and any other user of the Site, other than in the anonymous forum provided by the Site. Likeminder will not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any users of the Site. By using this Site, you do hereby represent, understand, and expressly agree to forever release and hold Likeminder harmless from any claim or controversy that may arise from any disputes between users of the Site. Likeminder will use reasonable commercial efforts to monitor user profiles, actions, comments, and general usage of the Site and suspend privileges from any user not adhering to policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any users to Likeminder immediately by notifying us via the Help Center available through the Service.
F. Intellectual Property Notices
The Service includes the copyrights and intellectual property rights of Likeminder and, except for the limited license granted to you in Section 2, Likeminder reserves all of its intellectual property rights in the Service, including but not limited to underlying source code, data structures, algorithms and business know-how, Likeminder, the Likeminder logos and other Likeminder trademarks, service marks, graphics, and logos used in connection with Likeminder are trademarks or registered trademarks of Likeminder in the U.S. and/or other countries. Other trademarks and logos used in connection with Likeminder may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIKEMINDER, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WE PROVIDE THE PLATFORM FOR LIKEMINDER AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. LIKEMINDER DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIKEMINDER AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY LIKEMINDER OR ANYTHING RELATED TO LIKEMINDER, YOU MAY CLOSE YOUR LIKEMINDER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
LIKEMINDER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES OR POSTS SENT THROUGH LIKEMINDER TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
LIKEMINDER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, LIKEMINDER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
LIKEMINDER DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. LIKEMINDER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, LIKEMINDER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE LIKEMINDER SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
5. Limitation of Liability
Neither Likeminder nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Likeminder Affiliates”) nor your Sponsor shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Provider Services or any of the content or other materials on, accessed through or downloaded from Likeminder. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
A. Mutual Rights of Termination
You may terminate your account, for any reason and at any time, with notice to Likeminder. To terminate your account, please send us a request by logging into your account and submitting a support request through our Help Desk, or through our Contact Us page. The termination will be effective upon Likeminder processing your notice.
Likeminder may terminate your account at any time if (a) you violate any terms of this Agreement or (b) your subscription is cancelled.
Termination of your Likeminder account includes disabling your access to Likeminder and may also bar you from any future use of Likeminder.
B. Misuse of the Services
Likeminder may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes violating any terms of this Agreement or engaging in Prohibited Activities, or displaying any other behavior that Likeminder, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Likeminder has adopted a policy of terminating accounts of Members who, in Likeminder’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
C. Effect of Termination
You may edit or delete your Posts prior to terminating your account. Upon termination of your Likeminder account, you lose access to the Services, however any existing conversations you started or participated in may, at the sole discretion of Likeminder, remain on Likeminder even after your account is terminated. The terms of this Agreement shall survive any termination.
7. Dispute Resolution
A. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“Claim”) arising out of or related to this Agreement shall be governed by the laws of the state of New York regardless of your country of origin or where you access Likeminder, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
You and Likeminder agree that all Claims arising out of or related to this Agreement must be resolved, at Likeminder’s discretion, by a court located in New York except as otherwise agreed by the parties or as described in the Arbitration paragraph below.
If mutually agreed by both parties, disputes may be resolved by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the parties agree the arbitrators award shall be final and that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.
8. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
C. Notices and Service of Process
Likeminder accepts service of process at: Likeminder, Inc., c/o U.S. Law Group, 427 North Canon Dr., Suite 206, Beverly Hills, CA 90210.
Any notices that you provide without compliance with this section shall have no legal effect.
D. Entire Agreement
E. Amendments to This Agreement
We reserve the right to modify, supplement, or replace the terms of this Agreement, effective upon posting at www.likeminder.net or notifying you via email.
F. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by Likeminder shall be deemed legally binding unless documented in a physical writing hand signed by a duly appointed officer of Likeminder.
G. Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
H. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
I. Assignment and Delegation
You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Likeminder for any third party that assumes our rights and obligations under this Agreement.
J. Complaints Regarding Content Posted on the Likeminder Website
We built Likeminder to help you be more fulfilled. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. If you believe another Member’s actions within Likeminder are violating of this Agreement or the rights of others, please report such actions by clicking the flag icon adjacent the related post in Likeminder, by submitting a support request to the Help Desk in Likeminder, or by contacting us.
Updated June 1, 2015