TERMS & CONDITIONS
Melanated Mindz LLC (Melanated Mindz) provides its website accessible at www.melanatedmindz.com (the "Website") to you subject to the following Terms and Conditions (the “Terms”). The “Terms” govern your use of the Website and the services, applications, content, and products of Melanated Mindz and all offers made by Melanated Mindz, all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this Website, unless otherwise noted in these Terms.
Melanated Mindz may modify these Terms at any time without notice. When we make changes, we will post them here. We encourage you to review these Terms when you use our Website because by visiting the Website, you agree to accept any such changes. Your continued use of the Website constitutes your acceptance to the updated Terms. Melanated Mindz provides you with access to and use of the Website subject to your compliance with the Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as specifically permitted on the Website. Melanated Mindz has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation, and prosecution.
Melanated Mindz trademark displayed on the Website is a pending registered trademark of Melanated Mindz LLC in the United States and internationally. All use prohibited.
Ownership of Website Content
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to images, graphics, text, illustrations, trademarks, trade names, service marks, logos, software, information from licensors, videos, photos, product descriptions, FAQs, and other materials (“Materials and Content”) is owned exclusively by Melanated Mindz and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. You may not use, download, upload, copy, print, display, perform, reproduce, modify, publish, delete, add to, license, post, transmit, distribute, redistribute, or create derivative works from any Materials and Content from this Website in whole or in part, for any public or commercial purpose without the specific prior written permission of Melanated Mindz. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
We grant you a personal, limited, nonexclusive, nontransferable license to access the Website and to use the information and services contained here solely for your personal, noncommercial use as described below. To the fullest extent permitted by applicable law, we reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend, or discontinue any aspect of the Website, including, but not limited to, the Materials and Content on the Website as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. One or more patents may apply to this website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; 7,908,173; and 7,908,176.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
Submissions of User Content
The Website may permit the submission of content, information, text, images, recordings, audio content, videos or other communications submitted by User (“User Content”) as well as the distribution of such User Content to other users of the Website. By submitting User Content, you acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials ("User Content") that you submit, upload, post, email or otherwise provide or make available to Melanated Mindz, on or through the Website or otherwise ("Submissions"), including User Content you agree to allow the use of that is on third party companies' websites, for example on Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Melanated Mindz, including, for example, #MelanatedMindz and #ChangingTheNarrative. With respect to all User Content that you submit, you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant the right set forth; (ii) the User Content does not infringe any patent, trademark, trade secret, copyright or other proprietary right of any other party; (iii) the User Content does not violate the rights of any person or entity (including, without limitation, intellectual property rights and privacy rights); (iv) the User Content is not misleading or inaccurate; (v) the User Content is not unlawful, harmful, threatening, abusive, harassing, torious, defamatory, vulgar, obscene, pornographic, profane, libelous, invasive of another’s privacy, aimed at gender, race, color, ethnicity, sexual orientation, national origin, religious views, or disability, hateful or bashing, otherwise objectionable, or in violation of local, state, national, or international law; (vi) the User Content is not an advertisement or solicitation of business; (vii) the User Content does not disrupt the normal flow of dialogue and is not unrelated to the topic being discussed (unless it is clear the discussion is free-form); (viii) you will not submit or post a chain letter or pyramid scheme; (ix) you will not impersonate another person; (x) you will not distribute viruses or other harmful computer code; (xi) you will not harvest or otherwise collect information about others, including email addresses, without their consent, (xii) you will not post the same User Content more than once or “spamming”; (xiii) you will not engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the judgment of Melanated Minz, exposes Melanated Mindz to any liability or detriment of any type and (xiv) all User Content does and will comply with these Terms.
Such Submissions may be used on the Website and/or on other Melanated Mindz marketing materials, including emails, social media and store signage, among other places. By submitting User Content, you grant Melanated Mindz an irrevocable, perpetual, non-exclusive right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the User Content as-is or as-edited (with or without using your name) in any media throughout the world for any purpose now existing or hereinafter developed, without limitation, and without additional review, compensation, or approval from you. In addition, Melanated Mindz has no obligation to keep any User Content confidential. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Melanated Mindz to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook, Vine, Pinterest and Google+ profile information (such as your handle and profile picture). Melanated Mindz is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Melanated Mindz is not responsible for, and does not endorse, User Content posted by any member. We cannot be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Content posted by another member. You are solely responsible for the User Content you submit for post, the consequences of providing User Content, and your reliance on any User Content.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE AND HOLD HARMLESS MELANATED MINDZ AND ITS AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND PARTNERS FROM ANY NOTIFICATIONS, CLAIMS, LOSSES OR DAMAGES RESULTING FROM ANY ACTION TAKEN BY MELANATED MINDZ AND ITS AFFILIATES AND VENDORS DURING OR AS A RESULT OF ITS INVESTIGATION OF NOTIFICATIONS OR CLAIMS BY THIRD PARTIES OR LAW ENFORCEMENT AUTHORITIES AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH NOTIFICATIONS OR CLAIMS.
Submission of Ideas
Melanated Mindz does not accept or review unsolicited ideas, suggestions, proposals or materials, including but not limited to ideas regarding new or improved products, designs or artwork, advertising or marketing campaigns, or technologies (the “Submission”). Notwithstanding such policy, any Submission communicated to Melanated Mindz through this Website or otherwise shall be the sole and exclusive property of Melanated Mindz without any compensation to you and may be used or redistributed by Melanated Mindz for any purpose and in any way without any compensation to you. Melanated Mindz has no obligation to return the Submission to you or respond to you in any way and no obligation to keep the Submission confidential.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Melanated Mindz without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Melanated Mindz reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Melanated Mindz is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Melanated Mindz, including its licensors and/or vendors, and Melanated Mindz does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Melanated Mindz has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about Melanated Mindz products or services submitted to Mealanted Mindz through the Website ("Feedback") shall be deemed non-confidential and non-proprietary. Melanted Mindz shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Melanated Mindz specifically prohibits you from sending us any information that you consider to be confidential or proprietary through the Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we Melanated Mindz will not have any obligation or liability to you arising from Melanated Mindz’s and/or any third party’s receipt or use of such information or material.
Feedback and User Content
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Melanated Mindz does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Melanated Mindz expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with the use of any Feedback and User Content. You further agree you will not rely on said Feedback and User Content, and that under no circumstances will Melanated Mindz be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Melanated Mindz does not pre-screen or approve Feedback and User Content, but that Melanated Mindz shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Melanated Mindz expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Melanted Mindz any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Melanated Mindz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person's explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the Website which is not designated for such purposes or emailed to Melanated Mindz users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) "stalk" or otherwise harass anyone through the Website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Melanated Mindz computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
The Website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the website, purchasing products, providing information to the website and downloading product information for your personal review. Melanated Mindz may impose limits on certain features and services offered on the Website or restrict your access to parts or all of the Website without notice of liability. You acknowledge that from time to time the Website may be inaccessible or inoperable for any reason.
Melanated Mindz specifically prohibits any unlawful or disruptive use of the Website.
Establishing an Account
Submissions and use of the Website are made available only to persons over the age of 18 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 18 and children under the age of 18 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
Availability of Products, Services, Features and Content
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Melanated Mindz’s review and approval. If Melanated Mindz chooses to accept an order, such acceptance will be deemed upon shipment. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
Although Melanated Mindz has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the User, and Melanated Mindz cannot guarantee that the User’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. To the fullest extent permitted by applicable law, Melanated Mindz is not responsible for typographical errors regarding price or any other matter.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Melanated Mindz is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Violations of system or network security may result in civil or criminal liability. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for you or logging on to a Company server or account that you are not authorized to access; or (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Melanated Mindz for notice of claims of copyright infringement ("Copyright Agent"), at email@example.com. The following information should be provided:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed at the Website and are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic email address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of the copyright holder or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimers and Limitation of Liability
Melanated Mindz publishes information on its Website as a convenience to its visitors. While Melanated Mindz attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Website at any time without notice. The products described on the Website may not be available in your region. Melanated Mindz does not claim that the information on the Website is appropriate to your jurisdiction or that the products described on its Website will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Website, which is provided “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MELANATED MINDZ DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE WEBSITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MELANATED MINDZ DOES NOT WARRANT THAT THE WEBSITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. MELANATED MINDZ MAKES NO WARRANTY THAT THE WEBSITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MELANATED MINDZ NOR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, PURSUANT TO ANY LEGAL THEORY, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE.
'Limitation on Liability and Indemnity of Melanated Mindz
UNDER NO CIRCUMSTANCES SHALL MELANATED MINDZ BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MELANATED MINDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER jurisdictions DO NOT PERMIT limitations of liability. In such jurisdictions, some of the foregoing limitation may not apply to you.
Compliance with Applicable Laws; Export Control Laws
Disputes and Arbitration Agreement
If for any reason a claim proceeds in court rather than in arbitration WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.
If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.
You agree that no joint venture, partnership, employment or agency relationship exists between Melanated Mindz and you as a result of this Agreement or your use of the Website.
The failure of Melanated Mindz to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Melanated Mindz express written consent. The Terms inure to the benefit of Melanated Mindz’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Website, or to provide any notice under these Terms to us, please refer to our Contact Us page.
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Last modified: June 2019