Saturday, September 4th, 2010 - Total Active Offers: 66
shadow graphic

Terms of Service


We know you love that legal mumbo jumbo.

Welcome to the User Agreement for MindoftheCrowd.com ("MindoftheCrowd"). This User Agreement (this "Agreement") describes the terms of service under which you may access the MindoftheCrowd website and use the MindoftheCrowd Program (defined below). Before you can use the MindoftheCrowd website or participate in the MindoftheCrowd Program, you must read and accept all of the terms and conditions of this Agreement and the MindoftheCrowd Privacy Policy (the "Privacy Policy"), which policy is incorporated herein by this reference and constitutes a part of this Agreement. This Agreement sets out the legally binding terms of your use of the MindoftheCrowd Program. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall control. As used in this Agreement, the terms "you", "your" or "user" all refer to the person or entity that uses, becomes a member of, or accesses the MindoftheCrowd Program. Nothing in this Agreement shall be deemed to confer any rights or benefits to any third parties. If you do not agree to be bound by the terms of this Agreement, you may not use, subscribe to, or participate in the MindoftheCrowd Program. The Agreement constitutes the entire agreement between you and MindoftheCrowd and governs your use of the MindoftheCrowd Service, superseding any prior agreements, communications and proposals between you and MindoftheCrowd in their entirety. Notwithstanding the foregoing, MindoftheCrowd reserves the right to modify this Agreement at any time, and without prior notice, by posting any such amended terms on its website. Your continued use of the MindoftheCrowd website and participation in the MindoftheCrowd Program indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time.

Description of Service


MindoftheCrowd provides free memberships to users to allow them to complete offers provided by certain third-party advertisers (collectively, the "Third-Parties" or each a "Third-Party") in return for compensation provided through MindoftheCrowd, and at times, it provides incentives to MindoftheCrowd members for referring other people to MindoftheCrowd (together, the "MindoftheCrowd Program"). Offers from the Third-Parties are listed and accessed on the MindoftheCrowd website.

User Eligibility


Minors under the age of 13, or minors between the ages of 13 to 18 years old that do not have their parents consent to participate in the MindoftheCrowd Program, and users that have been suspended, removed or otherwise terminated, for any reason, by MindoftheCrowd from the MindoftheCrowd Program, are prohibited from using the MindoftheCrowd website and the MindoftheCrowd Program. Users may not have more than one account. Additionally, users are prohibited from selling, trading, or otherwise transferring their MindoftheCrowd account to another party. If under the terms of this Agreement you are not eligible to participate in the MindoftheCrowd Program, you may not use, subscribe to or access the MindoftheCrowd website or the MindoftheCrowd Program.

Use of the MindoftheCrowd Program


Your use of the MindoftheCrowd Program is governed by this Agreement. Upon signing up to become a Member, MindoftheCrowd will provide you with a password and account number. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities that occur under your password or account, with or without your knowledge. If you knowingly provide your password or account information to another person, your account may be terminated. You may not use another Member's account at any time. MindoftheCrowd will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by MindoftheCrowd or another party due to someone else using your account or password. MindoftheCrowd will not be liable for any loss or damage arising from your failure to comply with this section.

Third-Parties


MindoftheCrowd is not responsible for any content provided by the Third-Parties, and your participation in their programs is governed by their separate Terms of Service and Privacy Policies. MindoftheCrowd will never charge you membership fees, but some Third-Parties may require you to make a payment in order to complete their offer. Members are solely responsible for any charges incurred by participation in Third-Party programs.

Member Obligations


In consideration of your membership and access to the MindoftheCrowd Program, you agree:
  • To provide true, accurate, current and complete information about yourself and others to MindoftheCrowd and to the Third-Parties;
  • You are 13 years of age or older (You must be at least 13 years of age to be a Member), and if you are under 18 years of age you have obtained your parents consent for you to participate in the MindoftheCrowd program;
  • To comply with all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct, and not to use MindoftheCrowd or the MindoftheCrowd Program to participate in any fraudulent, illegal, or patently unethical activities;
  • Not to participate in any illegal activities with the intention of advertising or mentioning MindoftheCrowd or that relate to the MindoftheCrowd Program in any way, including but not limited to, "spamming" your MindoftheCrowd URL via email, on message boards, social networking sites, or anywhere else.
  • To have only one MindoftheCrowd membership and account and not to attempt to open multiple accounts or memberships, as MindoftheCrowd only allows one account per person;
  • Not to refer oneself to MindoftheCrowd or to attempt to do so;
  • Not to post content or to initiate communications on the MindoftheCrowd website, which are unlawful, defamatory, abusive, obscene, indecent, discriminatory, or otherwise objectionable.
  • Not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from MindoftheCrowd's website or the MindoftheCrowd Program without MindoftheCrowd's prior written approval;
  • Not to upload, post, email, transmit or otherwise make available any material that 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;
  • Not to abuse, stalk, threaten or harass anyone or otherwise violate the legal rights (such as the rights of privacy and publicity) of others in your use of the MindoftheCrowd Program and the MindoftheCrowd website; and
  • Not to interfere with or disrupt the MindoftheCrowd Program or servers or networks connected to the MindoftheCrowd Program, or disobey any requirements, procedures, policies or regulations of networks connected to the MindoftheCrowd Program.
  • Not to disclose your relationship with MindoftheCrowd to Third Parties.
IF ANY MEMBER IS FOUND, IN THE SOLE DISCRETION OF MindoftheCrowd, TO BE IN VIOLATION OF THE ABOVE REQUIREMENTS, HIS OR HER ACCOUNT WILL BE TERMINATED AND HE OR SHE WILL BE REMOVED FROM THE MindoftheCrowd PROGRAM. SUCH MEMBER SHALL ALSO FOREGO ANY CLAIM TO COMPENSATION THAT WOULD HAVE OTHERWISE BEEN PAID PURSUANT TO THE MindoftheCrowd PROGRAM.


Payment


Member payments will generally be processed monthly within 20 days of the end of the month, assuming they have met the minimum payout (currently ten U.S. Dollars). MindoftheCrowd makes no guarantees regarding the timeliness of payments in the event of interferences which affect MindoftheCrowd's ability to process payments. These interferences, include but are not limited to, late payments by the Third-Parties and technical difficulties. MindoftheCrowd reserves the right to inspect each Member's account activity before payment, to verify the integrity of each Member's activities. Any member found to be cheating, attempting to cheat, or providing false information to MindoftheCrowd or the Third-Parties shall not be paid and their membership in the MindoftheCrowd Program shall be terminated. Additionally, Member understands that Member payments come from revenue generated by the Third-Parties. Therefore, Member acknowledges and agrees that if, for any reason, an advertiser does not pay MindoftheCrowd, MindoftheCrowd reserves the right to withhold the Members share of said revenue.


Communication from MindoftheCrowd


MindoftheCrowd will communicate with you through email, through notices posted on this website or as otherwise determined by MindoftheCrowd. MindoftheCrowd may send MindoftheCrowd newsletters to your email address, unless you have opted out of receiving such newsletters by so indicating on the "E-mail Options" section of the "My Account" page, within the "Members Area" of the MindoftheCrowd website. By becoming a member of MindoftheCrowd, you agree that MindoftheCrowd has the right to use your email address as set forth herein and in MindoftheCrowd's privacy policy.


Limitation of Liability


You expressly understand and agree that MindoftheCrowd shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MindoftheCrowd has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of MindoftheCrowd Program and/or the MindoftheCrowd website, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the MindoftheCrowd Program and/or the MindoftheCrowd website, your sole and exclusive remedy is to discontinue using the MindoftheCrowd Program. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If the laws of one of those jurisdictions applies, and MindoftheCrowd is found responsible for any damages to you, you expressly acknowledge that MindoftheCrowd's total cumulative damages to you (whether at law or in equity) shall not exceed $100 in United States' currency. The provisions of this section survive the termination or expiration of this Agreement.


Non-Commitment


MindoftheCrowd does not have any commitment toward any Members, past or present. MindoftheCrowd may at anytime, for any reason, with or without notice, discontinue the MindoftheCrowd Program for one or all of its Members. After said discontinuation, MindoftheCrowd remains without commitment to any Members, past or present, of the MindoftheCrowd Program.


Account Termination


You agree that MindoftheCrowd may, with or without cause, immediately terminate your membership, account and access to the MindoftheCrowd Program without prior notice. Without limiting the foregoing, the following will lead to a termination by MindoftheCrowd of your use of the MindoftheCrowd Program: (a) a breach or violation of this Agreement or other agreements or guidelines referred to herein, (b) a request for termination by law enforcement or other government agencies, (c) a request by you (a Member may request termination of his or her account by logging in to the MindoftheCrowd website, clicking on the "My Account" icon, then entering his or her password in the "Delete Your Account" section), (d) unexpected technical issues or problems, and (e) an inactive account (an inactive account is an account that is not accessed in the last 90 days). Termination of your MindoftheCrowd account includes removal of access to all Third-Party offers within the MindoftheCrowd Program and may also bar you from further use of the MindoftheCrowd Program. Furthermore, you agree that all terminations shall be made in MindoftheCrowd's sole discretion and that MindoftheCrowd shall not be liable to you nor to any third-party for any termination of your membership, your account or access to the MindoftheCrowd website.


Indemnity


By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless MindoftheCrowd, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the MindoftheCrowd Program; (ii) your use of the MindoftheCrowd website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to MindoftheCrowd or the MindoftheCrowd Program. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the MindoftheCrowd website are the sole responsibility of the parties to those communications and/or transactions, and MindoftheCrowd shall not be considered a party to any such communications and/or transactions. Without limitation of the terms and conditions set forth in the Privacy Policy, which is incorporated into this Agreement, you understand and agree that MindoftheCrowd may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or the safety of MindoftheCrowd, its users, and the public.


Monitoring and Enforcement


While MindoftheCrowd has the right to monitor activity and content associated with the MindoftheCrowd Program and website, MindoftheCrowd is not obligated to do so. Since MindoftheCrowd does not, and may not have the ability to, control or actively monitor content posted by Members or users on the MindoftheCrowd website, MindoftheCrowd does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with MindoftheCrowd's policies and practices, in the process of using the MindoftheCrowd website, you may be exposed to content that you find offensive or objectionable. You can contact MindoftheCrowd regarding the content that you find objectionable. MindoftheCrowd may investigate complaints and violations of MindoftheCrowd's policies that come to MindoftheCrowd's attention and may take action that MindoftheCrowd believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, MindoftheCrowd also reserves the right not to take any action. As a user of the MindoftheCrowd Program, you acknowledge and agree that under no circumstances will MindoftheCrowd be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the MindoftheCrowd website.


Governing Law


The Agreement between you and MindoftheCrowd will be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Travis County, Texas, U.S.A., in all disputes arising out of or relating to MindoftheCrowd and the use of the MindoftheCrowd Program.


Software and Trademarks


The MindoftheCrowd logo and names are MindoftheCrowd's intellectual property. You agree not to display or use the logo or names, or the name of "MindoftheCrowd.com" except as allowed pursuant to the Promotion Center. Further, all content that is made available to view in connection with the MindoftheCrowd Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of MindoftheCrowd and is protected by copyright laws and international treaty provisions.


Disclaimer of Warranties


You understand and agree that the MindoftheCrowd Program is provided on an "as is" and "as available" basis, and that MindoftheCrowd does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users. MindoftheCrowd assumes no responsibility for the accuracy or existence of any communications between users. MindoftheCrowd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MindoftheCrowd makes no warranty that: (i) the MindoftheCrowd Program will meet your requirements, (ii) the MindoftheCrowd Program will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the MindoftheCrowd Program will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the MindoftheCrowd Program will meet your expectations, and (v) any errors in MindoftheCrowd software will be corrected. Any material downloaded or otherwise obtained through the use of the MindoftheCrowd Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from MindoftheCrowd or through or from the MindoftheCrowd Program shall create any warranty not expressly stated in this Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.


General Information


The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MindoftheCrowd as a result of this Agreement or use of the MindoftheCrowd Program. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the MindoftheCrowd Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. To report instances of abuse, email admin@mindofthecrowd.com. Last Updated: May 24, 2009