Terms of Service

MINDCOOL'S TERMS OF SERVICE

Use of the Mindcool service and website:

This agreement was most recently updated on 8 February 2020.

Welcome to the Mindcool.com Site. The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Site and Mindcool Service (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS.

Mindcool reserves the right to revise this TOS in its sole discretion at any time and without prior notice to you other than by posting the revised TOS on the Site. Any revisions to the TOS are effective upon posting. The TOS will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of this TOS. Your continued use of the Site after a revised version of this TOS has been posted by Mindcool to the Site constitutes your binding acceptance of such revision and the revised TOS. Notwithstanding the preceding sentences of this paragraph, no revisions to this TOS will apply to any dispute between you and Mindcool that arose prior to the date of such revision.

  1. The Mindcool Service. Mindcool provides a number of Internet-based services and products through the Site (all such services, collectively, the "Mindcool Service" and “Products”). Mindcool users may purchase individual Products for their own use.
  2. Use of the Site and Mindcool Service.

(a) Eligibility. Mindcool will only knowingly provide the Mindcool Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 16 years of age, you may use the Mindcool Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The Mindcool Service is not intended for children under the age of 16.

(b) International Users: The Mindcool Service is hosted in the United Kingdom.

(1) If you are a customer accessing the Mindcool Service from the United States, European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United Kingdom laws, then please note that you are transferring your personal data to the United Kingdom which does not have the same data protection laws as the United States, EU and other regions.

(2) European Union and European Economic Area: The Mindcool Services and Site are not intended for children accessing the Mindcool Services and Site from the European Union or the European Economic Area by children under the age of 16.

(c) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the Mindcool Service and the Site.

(d) Your License to Use the Site and the Mindcool Service.

(1) Mindcool and its licensors solely and exclusively own all intellectual property and other right, title and interest in and to the Mindcool Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.

(2) Mindcool grants you a limited revocable license to access and use the Site and the Mindcool Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by Mindcool; create derivative works based on the Products or any third-party-content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, Mindcool may revoke the license granted to you.

(e) Third-Party Services. Mindcool may use third parties to provide certain services accessible through the Site. Mindcool does not control those third parties or their services, and you agree that Mindcool will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these TOS when you use these services. If any such terms or policies conflict with Mindcool's TOS, agreements or policies, you must comply with Mindcool's TOS, agreements or policies, as applicable.

  1. Rules For Use Of the Site.

(a) Prohibited Use. Except as may be expressly permitted by Mindcool, you may not: (i) interfere with the Mindcool Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Mindcool Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Mindcool Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain Mindcool's name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the Mindcool Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.

(b) Privacy Policy. By entering into these TOS, you agree to Mindcool's collection, use and disclosure of your personal information in accordance with the Mindcool Privacy Policy, found here:

https://www.mindcool.com/pages/privacy-policy

(c) Ordering Products. If you purchase Products, you agree to do so in accordance with Mindcool's Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.

If you need to cancel your order, our service hours are from Mon - Fri, 8:30am - 10:30pm. Please contact us at customercare@mindcool.com or use our live chat service/email service at the bottom right of our home page at https://www.mindcool.com/

Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.

 (d) Monitoring. Mindcool reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If Mindcool determines, in its sole and absolute discretion, that you or another Mindcool user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Mindcool may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

(e) Modification of the Service. Mindcool may modify the Mindcool Service at any time with or without notice to you, and will incur no liability for doing so.

  1. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant Mindcool permission to use such submissions for marketing and other promotional purposes. You agree that Mindcool will have no obligation to keep any Submissions confidential and you will not bring a claim against Mindcool based on "moral rights" or the like arising from Mindcool's use of a Submission.
  2. Representations and Warranties.

(a) Mutual Representations and Warranties. You represent and warrant to Mindcool and Mindcool represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.

(b) By You. You represent and warrant to Mindcool that, in your use of the Mindcool Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations.

  1. Disclaimers, Exclusions, and Limitations.

(a) DISCLAIMER OF WARRANTIES. MINDCOOL PROVIDES THE SITE AND MINDCOOL SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MINDCOOL DOES NOT REPRESENT OR WARRANT THAT THE SITE, MINDCOOL SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. MINDCOOL MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

(b) EXCLUSION OF DAMAGES. MINDCOOL WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE MINDCOOL SERVICE, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Termination.

(a) Termination. Mindcool may suspend or terminate your use of the Site or Mindcool Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.

(b) Survival. These TOS will survive indefinitely unless and until Mindcool chooses to terminate them.

  1. Dispute Resolution.

(a) Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND MINDCOOL AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

 (f) Applicable Law. This Agreement and your use of the Services and the Website shall be governed by the substantive laws of the United Kingdom

  1. Notice and procedure for making claims of copyright or other intellectual property infringements.

(a) Mindcool respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Site or the Mindcool Service.

(b) Mindcool’s intellectual property policy is to (1) remove material that Mindcool believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site.

MINDCOOL'S TERMS OF SERVICE

Return/Refund policy

Downloads: If you are unhappy with the recording quality of an audiobook download or you feel that the content and subject matter was not as described, you will be eligible for a full refund within 72 hours: To avoid any confusion or disappointment which may have arisen from product download, please check instructions on downloading below:

Download Instructions

Step 1: Starting your download

After you finish the checkout process you'll be taken to the "Your Digital Download” page and an email with the download link will be sent to you. From here, you should see the album or tracks that you just purchased with a "download" button next to them. Click that button to start the transfer and you'll be prompted to either "save" or "open" the file. You'll want to select "save" and take note of the target location that your browser will save the file to.

Step 2: Completing the transfer

Once the download starts, it's important that it finishes in its entirety before attempting to open it. Single track downloads will be saved to your computer. Full album downloads will be stored as a compressed .zip file which will need to be unzipped.

Step 3: Locating files

Once the transfer is complete, you'll need to find the files that you've just downloaded. In Windows, most browsers will save files to the "downloads" folder which you can find inside "my documents." For Mac, the default destination is the desktop. If the files aren't in those default locations, you can find the target location from that dialogue box that was discussed in the first step.

Step 4: Extracting files (full album only)

If you've bought and downloaded a full album, you'll need to extract or "unzip" the files before you can play, burn, or import them into your media player. The unzipping process will vary depending on what software you use to handle .zip files and what operating system you're using. In most cases, simply double-clicking on a file will begin extracting the contents. In some cases you'll be prompted to select a destination for the unzipped folder. Otherwise, it'll typically be unzipped to the same root folder as the original .zip file.

Step 5: Enjoy!

Once everything is saved and extracted, you can use your MP3s in any way you like. All digital downloads are DRM free and can be burned to disc, stored in your media library, or synced with your mobile MP3 player for you to take with you.