BY USING THIS SERVICE, YOU AGREE TO THE FOLLOWING TERMS OF SERVICE.


Your Own Risk: You acknowledge and agree that the entire risk arising out of this service and your use of  it is your own, to the maximum extent permitted by law. This includes the possibility of problems arising out of security or other flaws in this service. MineData does not warrant that DataService functions and/or service will be uninterrupted or error-free, that defects will be corrected or that DataService will be invulnerable to security flaws or problems arising out of such flaws, including data loss, malware etc.


Your Privacy: MineData is committed to respecting Your privacy. The Privacy Policy at https://www.minedata.ch/data-protection-policy/ details how MineData may use Your personal information, traffic data, and the content contained in Your communication(s) with MineData.

Security Vulnerabilities : In the event you detect security vulnerabilities, You will contact MineData and inform MineData of such vulnerabilities.

Content: The content of the communication spread and transmitted by the use of DataService is entirely the responsibility of the person from whom such content originated. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to as part of, or through Your use of, DataServices are the sole responsibility of the person from which such content originated. You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use DataService at Your own risk as MineData does not control or monitor such content.

Lawful purposes : You will use DataService solely for lawful purposes. In this respect You may not, without limitation (a) knowingly intercept or monitor, damage or modify any communication which is not intended for You; (b) knowingly use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble DataSerivce or the communication; (c) knowingly send any unsolicited commercial communication not permitted by applicable law; (d) knowingly expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) knowingly use DataService to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) knowingly use any material or content that is subject to any third party proprietary or intellectual property rights, unless you have a license or permission from the owner of such rights. If the law of Your country (or other applicable jurisdiction) prohibits You from downloading or using DataService because You are under the age limit or because DataService services are not allowed, You agree not to use MineData and to indemnify and hold MineData harmless from such use.

Warranties : You expressly understand and agree that your use of DataService is at your sole risk and that the services are provided “as is” and “as available” and “without warranty of any kind.” In no event does MineData warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Although MineData endeavors to make timely fixes to flaws in DataService, MineData is not responsible for any problems arising out of your use of DataServices. MineData PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL MINEDATA OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF MINEDATA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall MineData’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer.

Termination : Without limiting other remedies, MineData may limit, suspend, or terminate Your License and Your use of DataService, immediately and without notice, explanation, or recourse, if we think that You are in breach of the TOS, creating problems and/or legal liabilities (actual or potential), infringing upon someone else’s intellectual property rights, engaging in fraudulent or illegal activities, or for other similar reasons.

Modifications to TOS : MineData reserves the right to modify the provisions of the TOS. Such changes, modifications, additions or deletions to the TOS shall be effective immediately upon notice thereof, which may be given by means including, but not limited to sending an email to your registered customer email/posting in the forums/posting on the website. You acknowledge and agree that it is your responsibility to review and to be aware of any modifications to the TOS after such communication. Your continued use of DataService after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS.