Terms and Conditions
Acknowledgement & Acceptance
- Unless otherwise indicated YouMint Services (referred to as the "Service") is provided to you free of charge. In its discretion, YouMint reserves the right to charge fees for or discontinue any part of the Service at any time.
- The Service is operated by MobileTree Media Private Limited and therefore this Agreement is between the subscriber (“You” or “Member”) and MobileTree Media Private Limited. YouMint.com is a website owned by MobileTree Media Private Limited. Wherever the term "YouMint" is used in this document it represents the company MobileTree Media Private Limited and the services provided through YouMint.com.
- You agree to receive advertisements on your mobile phones and earn money per advertisement received ("Direct Earnings"). Members of YouMint are to be paid a stipulated commission for every advertisement the member receives ("Commission Earnings"), for every advertisement received by a member whom they refer and also for every advertisement received by a member referred by their referrals.
- We are under no obligation to provide you with any particular number of advertisements or any particular amount of money in Direct Earnings or Commission Earnings.
Each time you use or access YouMint you are responsible for being familiar with any changes or modifications to these Terms of Service, which may occur from time to time. In the event we modify these Terms of Service, YouMint reserves the right, and at its full discretion and without any obligation, to provide you notice of such changes to any e-mail or postal address you have provided to YouMint.
- We offer you participation in an advertising funded service based on permission based marketing. After successful registration, you may receive advertisements, promotions or similar messages on your mobile phone, mail,IM or in the form of a phone call or physical letter or any other media as may be convenient. Messages will be sent in accordance with your specified profile to ensure a fit with your personal interests. You can invite your friends and family to join the network and they can avail the same service. For every advertisement you receive you get a direct accrual in the form of points or currency - which may be virtual or real. For every advertisement your referrals and your referral's referrals receive you get accruals for those too. You will receive accruals for your direct and indirect referrals; up to two (2) referring levels deep.
Terms of Participation
- You MUST be able to understand and accept these Terms of Service and abide by its terms.
- Should you decided to register and become a member, all registration information you MUST provide will be accurate and truthful and you agree to timely maintain this information.
- You MUST be at least 18 years of age or older.
- You MUST provide correct/true information about your profile. YouMint has the right to verify the information you provide. If this information changes you must immediately update your profile by logging in to YouMint.com.
- You MUST read the advertisements sent to you.
- YouMint will send verification messages called "Verification SMS" ("vSMS" ) from time to time to check if you are reading the advertisements sent to you. You MUST respond to these vSMSs with the appropriate message content which is specified in the verification message. If you don't, YouMint reserves the right to downgrade your membership by lowering your payouts and eventually terminate your membership.
- Corporations and other business entities are not eligible for the Service.
- You are not allowed to use proxy servers.
- The use of any automatic tool to fill in forms, such as RoboForm, is forbidden.
- ONE member - ONE account - ONE Mobile Phone: More than one person cannot use the same mobile phone for receiving advertisements. One member cannot have more than one mobile phone registered on YouMint. One member cannot have more than one account on YouMint. Service membership and its right to use are limited to one individual per Service account and one email address per Member.
- You agree not to abuse Service privileges by conduct which is detrimental to the interests of MobileTree Media Private Limited, including, without limitation, attempting to earn money in a manner inconsistent with the rules of the Service, having multiple accounts, attempting to earn money from YouMint through other than legitimate channels etc.
- By filling out the registration form you are applying to receive a service and you are agreeing to receive advertisements on your mobile phone. No employee-employer relationship is created by your use of the YouMint web site and its services. YouMint is under no obligation to offer its services to you.
- "Maximum SMS ads per day" that you select on the Advertisement Preferences page only specifies the maximum number of ads that can be published from YouMint to you. You understand and agree that it does not guarantee that you will receive only these number of ads from YouMint in a day. This is due to the fact that the actual delivery depends on your mobile service provider. If there is a delay from the service provider, you might receive more than the maximum number of ads that you specified in a day. SMS messages sent to you by a friend using the YouMint Free SMS service will not count towards the "Maximum SMS ads per day".
- The timing of ads that you specify in the "Advertisement Preferences" page. Only specifies the time span during which ads can be published from YouMint to you. You understand and agree that YouMint is not liable if these ads do not reach your mobile phone within the time span specified. YouMint only guarantees that the ads will be published from YouMint during the specified time span. The actual delivery timing to you will depend on your service provider.
- The categorization of ad interests is subject to change and it is at the sole discretion of YouMint. The relevance of an advertisement to an ad interest category is at the sole discretion of the advertisers. YouMint is not responsible or liable for any misrepresentation on the part of the advertisers nor is it liable for illegal, fraudulent or obscene advertisements. However, YouMint will take utmost care and work diligently to ensure that the advertisements are relevant, timely and legal.
- During sign-up, you will be asked to provide your mobile number. A code will be sent in an SMS to the mobile number that you typed in for verification purposes. Ensure that it is indeed your number. YouMint is not responsible if the mobile number belongs to someone other than you. You personally will be liable in case the actual owner takes any legal action. You will lose all privileges to access your account and any earnings accrued in such an event.
- No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18. or to obtain any telephone numbers, street addresses, last names, URL's or email addresses.
- YouMint may refuse to accept your application for membership for any reason.
- You will receive a user name and password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of your user name and password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. MobileTree Media Private Limited cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- You can have only one member as a sponsor (referrer) when registering at YouMint. This sponsor will be determined by YouMint based on whose referral mail you responded to or the referral link you clicked on to arrive at the YouMint.com website or whose referral you came through on any other source including phones, SMS or any other medium that YouMint may add later.
- The number of your direct referrals is not limited. You may refer as many people as you can to join YouMint.
- You agree to only use the Service in a manner that is consistent with the Terms and in such a way as to ensure compliance with all applicable laws and regulations.
- You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (mail or email) or personal profile by updating your personal information at the Service Web site. Not doing so will result in the account being frozen or nullified.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity.
- No Unauthorized Linking or Framing. Should you wish to link to YouMint, you agree that you: (i) will not replicate the Service's content; (ii) will not frame or border environment around any of the Service's content; (iii) will not misrepresent any relationship with YouMint or imply that YouMint is connected to or endorses your products, services or other offering; (iv) will not have disparaging content or misinformation about YouMint on the linking website or source; (v) will ensure the linking website will not contain any content that is unlawful, may be reasonably considered defamatory, vulgar, pornographic, or in derogation of YouMint's own Content Submissions policy.
When you provide any submissions to YouMint, you understand and accept complete responsibility for your submissions, including any and all consequences that may arise. You may not create a user name, post, upload, email or otherwise transmit to YouMint submissions of any kind that is, within the sole discretion of YouMint, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
- infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
- promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
- material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
- offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
- libelous or defamatory or promotes information that you know is false or illegal; violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
- obscene, vulgar or contains profanity;
pornographic or sexually explicit or contains nudity;
- exploits or attempts to exploit people in a sexual or violent manner;
- disparaging to YouMint or any third party;
- an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
- involves the transmission of any unsolicited mass mailing including but not limited to 'junk mail,' 'chain letters' and 'spam';
- contains restricted or password only access pages;
- selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
- unlawful or illegal, criminal or tortious in nature (such as child pornography, fraud, gambling); otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
- You will receive accruals for your direct and indirect referrals; two (2) referring levels deep. Current accrual rates are always posted on the YouMint website. Those are the rates that you will receive. If YouMint for any reason changes accrual rates those will be posted on the site and all current members will be informed through email. If YouMint for any reason changes the depth of referrals pertinent to accruals it will be posted on the site and all current members will be informed through e-mail.
- At the beginning of each month, your account must have a minimum balance of accruals amounting to Rs. 300 to redeem the monthly payment from YouMint. Such payment will be made by YouMint at its sole discretion when YouMint carries out its monthly payment process. In case of any change in the procedure , the change will be notified on the "payment" page.
- If the Payment has not been made by YouMint, the subscriber should make a request in this regard, latest by the end of every month and the requested payment will be processed only if the subscriber has the minimum balance of Rs. 300 in his/her account.
If you opt out for a period of time, your earnings from your referrals will also be stopped for that period of time.
- Current payout options are always posted on the YouMint website. Two options are currently available to receive payments:
- Cheque: For all requested payments, accounts are thoroughly checked. After the request is accepted, a cheque will be issued and couriered within 45 working days from the date of the payment process. Payments process takes place on the first day of every month. For example, if you request a payment on the July 30th 2007, you would receive a cheque latest by September 15th, 2007. The cheque will be made out to the name provided in the "Payee Name" field and payment will be subject to applicable taxes. The cheque would be couriered to the address provided in the "Payment Address" fields. YouMint will not be responsible for the receipt or for the actual payment hereof. The charges incurred by YouMint in processing the cheque and in delivery will be deducted from the actual payout amount.
- Electronic Funds Transfer: After requesting payment, accounts are thoroughly checked. After the request is accepted, YouMint will make an electronic funds transfer within 45 working days from the date of the payment process. Payments process takes place on the first day of every month. For example, if you requested a payment on the July 30th 2007, YouMint would initiate a bank transfer latest by September 15th, 2007. The transfer will be subject to applicable taxes. YouMint will not be responsible for the receipt or for the actual payment hereof. The charges incurred for processing the account transfer would be deducted from the actual payout amount.
- Should bank details or address details be incorrect, YouMint shall make best efforts to verify the same. If accurate details of the bank account/address of the subscriber are not made available to YouMint, the amount will be forfeited and the account will be nullified immediately.
- All payments are subject to taxes as applicable under law.
- YouMint is not responsible for your personal taxes. You are solely responsible for the payment of taxes on monies received from YouMint. At a later stage it is possible that YouMint may be asked to deduct taxes further at source. This information will be notified on the YouMint website and you will be intimated of this on email.
- We reserve the right to send you messages from time to time for which the payout structure will not be applied and no payment would be made. Such messages may include Service system updates; flash bulletins; order confirmations; administrative announcements; special requests and so on. Such messages may be sent via SMS, email or regular mail.
- We reserve the right to limit the opportunities to earn accruals through YouMint available to you while you remain inactive.
- We are under no obligation to provide you with any particular number of advertisements or any particular amount of accruals in Direct Earnings or Commission Earnings.
Intellectual Property Rights And Violation
- When you provide submissions to YouMint, you still retain all of your rights of ownership in your submissions. However, by uploading, posting or otherwise transmitting your submissions, you grant YouMint (and its successors) a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.
- Provided proper notification, YouMint will remove submissions that infringe upon the intellectual property rights of another and reserves the right to remove submissions without prior notice. YouMint assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, YouMint assumes no responsibility for the submissions or any obligation to remove any inappropriate submissions or any responsibility for the conduct of a member submitting inappropriate submissions. At its sole discretion, YouMint may remove any submission and/or terminate a member's account for violating any of these Terms of Service at any time and without notice. YouMint will terminate a member's account who is determined to have been notified of infringing activity and/or has had a submission removed from the Service for infringing activity. YouMint reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. YouMint and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim 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.
- YouMint and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service or through the service advertisers or partners will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and 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.
- A small percentage of users may experience epileptic seizures or strain on eyes or repititive strain injury (rsi) when exposed to certain light patterns or backgrounds on a computer screen or while using the service or while using a computer/laptop. Certain conditions may induce previously undetected symptoms even in users who have no history of it. If you, or anyone in your family, have any such conditions, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician.
Limitation of Liability
- Mobiletree media private limited shall, in no event be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the participation or inability to participate in the service.
- Mobiletree media private limited shall not be responsible for damages or losses that result from participating or inability to participate in the service, or reliance on or use of information, services, or merchandise provided on or through the service.
- You acknowledge and agree that mobiletree media private limited neither endorses the contents of advertisements or third parties' web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
- To the maximum extent allowed by applicable law, neither youmint nor any of its parents, members, subsidiaries, service providers, licensors, officers, directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this agreement, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of services, merchantability, fitness for a particular purpose, or non-infringement. Youmint disclaims all liability, regardless of the form of action, for the act of other members, or users including unauthorized users, or hackers of the service.
Participation in Promotion of Advertisers and Partners
- Your correspondence with or participation in promotions of Service advertisers and partners, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or partner.
- We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion. You understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to us for the crediting of such Points. We will not be responsible or liable for the delay or failure to credit Points in such event.
- You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else.
- Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law.
Proprietary Rights to Content
- You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by YouMint or YouMints' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by YouMint, its advertisers and partners, as the case may be.
- Except as expressly authorized by YouMint or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- YouMint reserves the right to change this Terms and Conditions document. It is also your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this agreement or your membership. Your continued use of YouMint constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form.
- We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service
- All notices given by us to you will be given by SMS and/or email and/or postal mail and/or by general posting on the Web site.
- You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another.
- This agreement takes precedence over any Do-Not-Call or Do-Not-Disturb list you might enroll yourself in. If you want YouMint to stop sending advertisements to you, you must select the opt-out option provided in the site or cancel your YouMint membership account. Enrolling yourself in any Do-Not-Call or Do-Not-Disturb list of any institution or company has no impact or influence whatsoever on the advertisements you receive from YouMint.
- TERMS AND CONDITIONS and the relationship between you and YouMint shall be governed by the laws of India without regard to its conflict of law provisions. You and YouMint agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi.
- This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation
- Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
If any part of these Terms is unenforceable (including any provision by which YouMint excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.
YouMint Media Private Limited
28 June, 2007