Last Updated July 01, 2021
PLEASE READ THIS DOCUMENT CAREFULLY.
MasterMinds Jr.'s Platform can be found at https://www.mastermindsjunior.com. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the "Platform".
MasterMinds Jr. provides an open online content creation platform designed to help Creators to build, design, publish, and sell courses and services ("Content") to their Students. MasterMinds Jr. offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as "MasterMinds Jr. Services".
By using our Platform in any manner You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access MasterMinds Jr.'s Platform in any manner.
MasterMinds Jr. is neither a content provider nor an educational institution. Creators and Students are not employees of MasterMinds Jr.. MasterMinds Jr. is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator's election, for processing payments through MasterMinds Jr.'s payment gateway(s). MasterMinds Jr. is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.
II. Terms Applicable to All Users of the MasterMinds Jr. Platform
A. Age of Access
You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
B. License to Creators & Students
MasterMinds Jr. grants You a limited, non-exclusive license to access and use MasterMinds Jr.'s Platform for Your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without MasterMinds Jr.'s express written consent. Except as expressly permitted by MasterMinds Jr. in writing, You will not try to reproduce MasterMinds Jr.'s Platform (legally that's known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by MasterMinds Jr. are reserved.
C. Code of Conduct
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it's better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
No Illegal Activity: This is about as simple as it gets. Do not use the MasterMinds Jr. Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
No Bad Code: Do not use the MasterMinds Jr. Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
No Spamming: Seriously. No one likes spam. We don't like spam. We're pretty sure that You don't like your inbox cluttered with spam. You may not use the MasterMinds Jr. Platform to engage in any activities that will result in sending spam to anyone on the MasterMinds Jr. Platform, including MasterMinds Jr. (and its employees), Creators, and Students.
Be Civil: We mean this. We're an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use the MasterMinds Jr. Platform we are going to be civil and respectful at all times.
No Exploitation: You will not use the MasterMinds Jr. Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
No Impersonation: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of MasterMinds Jr.. You will not impersonate anyone on the MasterMinds Jr. Platform, including MasterMinds Jr. (and its employees), Creators, and Students.
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
No Use Other Than Intended: You may not use the Platform or any Content contained on the Platform for any purposes other than intended.
No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the MasterMinds Jr. Platform. Whether conduct violates our Code of Conduct will be determined in MasterMinds Jr.'s sole discretion.
III. Terms Applicable to Creators
MasterMinds Jr. may provide the opportunity for Creators to sell coaching offerings ("Coaching") to Students in addition to the courses that the Creator sells on the Platform (together Coaching and courses are referred to as Content). All Coaching offerings shall be covered by this Agreement and are included in the definition of Content. Should the Coaching involve any third party content, You agree that MasterMinds Jr. is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Coaching is the sole responsibility of the Creator.
B. Intellectual Property and Data Processing
In operating our Platform, it's important for us to make it clear who owns what and who's responsible for what. You are trusting us with Your content and consistent with MasterMinds Jr.'s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the MasterMinds Jr. community.
MasterMinds Jr. Content: Content that MasterMinds Jr. uploads to the Platform, MasterMinds Jr. intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as "MasterMinds Jr. Content", and is and remains the sole property of MasterMinds Jr.. MasterMinds Jr. Content, including our trademarks, may not be modified by You in any way.
IV. Refund Policy
We want You to be happy with MasterMinds Jr's Platform. If You're not feeling excited about joining the MasterMinds Jr. community, we have some options for You regarding Your plan.
1. Monthly Plans
a) Creators on monthly paid plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for a paid plan, or upgrading to a higher priced plan. Simply let us know in writing that You're canceling the plan within thirty (30) days of Your sign-up.
2. Annual Plans
a) Creators on annual plans are entitled to a full no-questions-asked refund within thirty (30) days of first signing up for an annual plan. Simply let us know in writing that You're canceling the plan within thirty (30) days of Your sign-up.
3. Abuse of the Refund Policy
a) MasterMinds Jr. reserves the right to refuse refunds to Creators who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
a) In general, all Students purchasing courses that are a part of the MasterMinds Jr. Native Gateways are entitled to a thirty (30) day refund from the date of purchase. Unless authorized by MasterMinds Jr. in MasterMinds Jr's sole discretion, no Creator on the MasterMinds Jr. Native Gateways may offer to Students a refund policy for a period of less than thirty (30) days.
b) If a Creator has been allowed to offer a refund period that differs from MasterMinds Jr's general policy, the Creator must provide notice to Students prior to the purchase of the course.
c) MasterMinds Jr. reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
d) Regardless of any other section to the contrary in this Agreement, MasterMinds Jr. does not establish, maintain, or control refunds or a refund policy for any Content that was processed through a Custom Payment Gateway, including courses.
V. Cancellation and Deletion
If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and MasterMinds Jr. may disable access to features available only to paid plan users.
You may delete Your account at any time by sending the request to email@example.com.
Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by MasterMinds Jr. in its sole discretion.
Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.
If Your account is deleted (regardless of the reason), Your Content may no longer be available. MasterMinds Jr. is not responsible for the loss of such content upon deletion.
Upon deletion of Your account (regardless of the reason), all licenses granted by MasterMinds Jr. will terminate.
C. Effect of Cancelation/Deletion
Should a school, course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to MasterMinds Jr. Content and Content may be irrecoverable. MasterMinds Jr. shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
VI. Errors and Corrections
MasterMinds Jr. does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does MasterMinds Jr. guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. MasterMinds Jr. may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Creators and Students.
VII. Limitations of Liability
In running the Platform, we require that You understand and agree that MasterMinds Jr. is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that MasterMinds Jr. doesn't warrant or guarantee that it will always be free of errors or defects. Any claims for damages against MasterMinds Jr. will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that MasterMinds Jr., including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the MasterMinds Jr. Platform.
B. You agree that MasterMinds Jr. shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
C. MasterMinds Jr. is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. MasterMinds Jr. does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The MasterMinds Jr. Platform is provided to You on an "As Is, As Available" basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the MasterMinds Jr. Platform.
F. MasterMinds Jr. disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. MasterMinds Jr. shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that MasterMinds Jr. shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless MasterMinds Jr., its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other MasterMinds Jr. policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without MasterMinds Jr.'s prior written consent.
K. Should MasterMinds Jr.'s limitation of liability not be applicable, MasterMinds Jr.'s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to MasterMinds Jr. over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
L. You agree that MasterMinds Jr. shall not be liable for any content that appears on the Platform.
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
N. You agree that any cause of action or claim that You may have against MasterMinds Jr. must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
VIII. Remedies for Violations
MasterMinds Jr. reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Creators and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
IX. Contact Us