Minno Kids Terms of Use
Last Updated: January 6, 2021
Overview
Welcome to Minno Kids, which is provided by Winsome Truth, Inc., or one of its affiliated companies (“Company,” “we,” “us,” or “our”). Minno Kids is a streaming video subscription service where we provide our subscribers with access to stream movies, videos, songs, and TV shows over the Internet. Minno Kids, including without limitation all features and functionalities, instant streaming, our website, user interfaces, and all content and software associated therewith, is referred to herein as the “Minno Kids service” or “service.”
The following outlines our detailed terms and conditions. You should read and understand them as they govern your use of our service. These Terms of Use provide that BINDING ARBITRATION will resolve all disputes between you and Minno Kids. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review the Arbitration Agreement section below for your Agreement’s details to arbitrate any disputes with Minno Kids.
These Terms of Use further provide for AUTOMATICALLY RENEWING SUBSCRIPTIONS. Whether after an initial free trial period or at the beginning of your access to the service, we may bill you for an automatically renewing subscription term for your use and access or the service or part thereof. Please review the following sections below for further details: Subscriptions, Billing, Ongoing Membership, and Cancellation.
These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the way we bill, how we interact with you, and other details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works.
Acceptance of Terms of Use
These Terms of Use govern your use and access to the Minno Kids service. By using, visiting, or browsing the Minno Kids service, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Minno Kids service, including our website and user interfaces. We may immediately terminate this Agreement with you and your access to the services if we determine, in our sole discretion, that you have failed to comply with any provision of these Terms of Use.
Changes to Terms of Use
Minno Kids reserves the right, from time to time, with or without notice to you, to change these Terms of Use at our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms of Use” located at the bottom of the pages of the Minno Kids website. The most current version of the Terms of Use will supersede all previous versions. If these Terms of Use have been updated since you last accessed or used the service, you acknowledge and agree that your continued access or use of the service constitutes your acceptance of the changed Terms of Use.
Privacy and Electronic Communications
Any personally identifying information submitted through the Minno Kids service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted within the policy. By using our service, you consent to the collection and use of your data as outlined in our Privacy Policy. You further agree to receive certain communications from us. For example, Minno Kids may send you newsletters about new Minno Kids features, special offers, promotional announcements, and customer surveys via e-mail or other methods. By using the Minno Kids service, you consent to receiving electronic communications from Minno Kids. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails, and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Minno Kids, and you receive them as part of the Minno Kids membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt-out of some communications upon request where not required for the function of the service.
Subscriptions
You can find the specific details regarding your membership with Minno Kids at any time by visiting our website and clicking on the “My Account“ link.
We may offer several membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate, or otherwise amend our offered membership plans, including any membership fees and other associated fees. Unless otherwise stated differently, month or monthly refers to a billing cycle (See “Billing” below). You acknowledge and agree that your current membership plan will automatically renew until you cancel it.
Billing
By starting your Minno Kids membership, you expressly agree that we are authorized to charge you a periodic membership fee at the then-current rate and any other charges you may incur in connection with your use of the Minno Kids service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change without prior notice. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership or after the stated free trial period and each period thereafter unless and until you cancel your membership. We automatically bill your Payment Method each period on the calendar day corresponding to your paying membership’s commencement. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. You acknowledge that the amount billed each period may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan. You authorize us to charge your Payment Method for such varying amounts, which may be billed periodically in one or more charges. For certain Payment Methods, your payment method’s issuer may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If you are eligible and have signed up for a free trial, your Payment Method will be authorized for up to approximately one week of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel before the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. At any time, and for any reason, we MAY provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits and the decision to provide them are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future under any circumstance. We may change the fees and charges in effect or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in Payment Methods, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the “My Account“ link, available at the top of the pages of the Minno Kids website. Changing your Payment Method via the “My Account” link will not change your payment method for any in-app purchases or purchases made through third-party app stores; you will need to change your payment method directly with the Application (defined below). If your Payment Method reaches its expiration date and you do not edit your Payment Method information, your subscription will be terminated.
Ongoing Membership
A Minno Kids membership will automatically renew unless you cancel your membership or we terminate it. You must cancel your membership before it renews each period to avoid billing the next period’s membership fees to your Payment Method. We will bill the membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
Cancellation
You may cancel your Minno Kids membership at any time. Subscriptions based on the payment provider PayPal will be canceled immediately. In contrast, subscriptions based on credit/debit cards and/or ACH bank draft will be canceled at the end of the current billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY UNWATCHED MOVIES OR TV SHOWS. To cancel, visit our website and click on “Cancel Membership” on the “My Account” page and follow the instructions for cancellation under the heading “Cancel Membership.” If you have purchased in-app purchases or other purchases via third-party app stores, your access to these purchases shall also terminate when you cancel your membership.
Availability
The availability of movies, videos, songs, and TV shows to instantly watch will change from time to time and from country to country. The quality of the display of the streaming movies, videos, songs, and TV shows may vary from computer to computer and device to device. It may be affected by various factors, such as your location, the bandwidth available through and/or your Internet connection speed. Minno Kids streams a little bit of data as a buffer each time you start a movie or TV show. Frequently starting and stopping movies, videos, songs, and TV shows may result in an increase in the amount of data Minno Kids streams to you per hour. You are responsible for all Internet access charges. Please check with your Internet service provider for information on possible Internet data usage charges. Minno Kids makes no representations or warranties about the quality of your instant watching experience on your display.
Content Load Time
The time it takes to begin watching a video instantly may vary based on a number of factors, including your location, available bandwidth at the time, the movies, videos, songs, or TV shows you have selected, and the configuration of your Minno Kids ready device. For example, high-speed action scenes or special effects at the opening of a movie or TV show may slightly delay its start time. In addition, you must be connected to the Internet throughout the watch instantly experience.
Offline Content
In our sole discretion, we may make some Minno Kids content available for temporary download and offline viewing on certain supported devices (“Offline Content”). Limitations will apply to Offline Content, such as restrictions on the number of Offline Content per account, the maximum number of devices that can contain Offline Content, and the time period within which you will need to begin viewing Offline Content how long the Offline Content will remain accessible. Some Offline Content may not be playable in certain countries, and if you go online in a country where you would not be able to stream certain Offline Content, then the Offline Content will not be playable while you are in that country.
Device Requirements and Limitations
To enjoy watching instantly via your supported device(s), your equipment must satisfy certain system requirements. YOU WILL BE ALLOWED TO INSTANTLY WATCH ON AS MANY AS SIX (6) SUCH DEVICES AT ANY GIVEN TIME. The number of devices and concurrent streams may change without notice to you.
Geographic Limitation
You may instantly watch a movie, video, or TV show through the Minno Kids service only in geographic locations where we offer our service and have licensed such movie, video, or TV show. The content that may be available to watch will vary by geographic location. Minno Kids will use geolocation technologies to verify your geographic location.
Minno Kids Streaming Software
We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third-party software, nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. You may not copy or reproduce the software, nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any of the software or any portion thereof. Any unauthorized use of the software is strictly prohibited, and Minno Kids reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the Minno Kids service through such software at any time, without prior or any notice. In addition, Minno Kids ready devices are manufactured and sold by entities other than Minno Kids. A Minno Kids ready device is any electronics equipment that is authorized to decode and capable of decoding movies, videos, songs, and TV shows transmitted over the Internet by Minno Kids. These devices may include mobile devices, standalone set-top boxes, Internet-connected Blu-ray DVD players, Internet-connected HDTVs, and game consoles. AS SUCH, WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Minno Kids service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Use. Please refer to the Disclaimers of Warranties and Limitations of Liability outlined in these Terms of Use.
Furthermore, Minno Kids reserves the right to discontinue service and or support of a software application and will not be responsible for refunding payment if another software application is available to stream Minno Kids content. We also reserve the right to make available new software applications and will not be responsible for refunding payment because of the software application not being previously available.
In response to content providers’ requests, or due to technical limitations or any reason in our sole and absolute discretion, and without prior notice to you, some or all videos may cease to be available for watching instantly.
Mobile Networks
When you access Minno Kids through a mobile network, your roaming or network provider’s messaging, data, and other rates and fees may apply. Downloading, using, or installing certain Minno Kids services may be prohibited or restricted by your network provider. Not all Minno Kids services may work with your device or your network provider.
Passwords
The member who created the Minno Kids account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Minno Kids account. The Account Owner’s control is exercised through the use of the Account Owner’s password. Therefore, to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Minno Kids Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their e-mail address if they use PayPal) associated with their account. BY SHARING THE MINNO KIDS SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS. Any household members are under age 18 are not allowed to access the Minno Kids service unless they have the consent, involvement, supervision, and permission of a parent or legal guardian who is the age of majority or older. Account Owner is and shall be solely responsible for any access, whether through sub-accounts or other activities that occur under or in connection with their account, and shall release Company from and indemnify and hold harmless Company against any and all associated liability.
Third-Party Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the Minno Kids service. These Applications may import data related to your Minno Kids account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Minno Kids is not responsible for and does not endorse the content of such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH, OR SPONSORED BY MINNO KIDS AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. Some of these Applications may even use Minno Kids trademarks. Unless otherwise noted by Minno Kids on the Minno Kids website, Minno Kids is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your Minno Kids account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Minno Kids account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally-identifying information to be publicly disclosed and/or associated with you, even if Minno Kids has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Minno Kids harmless for the sharing of information relating to your Minno Kids account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your Minno Kids account information with, through, or by any other means identified on an Application. In addition, the Application’s end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application’s access to your Minno Kids account at any time, but information shared before revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not Minno Kids, unless otherwise indicated by Minno Kids. MINNO KIDS DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Minno Kids service, Minno Kids implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Minno Kids service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Minno Kids ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a Minno Kids ready device, you should logout and/or deactivate the device before doing so. Similarly, if your Minno Kids ready device is lost or stolen, please deactivate the Minno Kids ready device. If you fail to log out or deactivate your device, subsequent users may access the Minno Kids service through your account and may be able to access certain of your account information. If you find that you’re a victim of identity theft and it involves a Minno Kids account, you should notify our Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. You should also be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Minno Kids website and not through a hyperlink in an e-mail or any other electronic communication, even if it looks official. Minno Kids reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Minno Kids is not obligated to credit or discount a membership for holds placed on the account by either a representative of Minno Kids or by the automated processes of Minno Kids.
Disclaimers of Warranties and Limitations on Liability
THE MINNO KIDS SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE MINNO KIDS SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE MINNO KIDS SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. MINNO KIDS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MINNO KIDS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT MINNO KIDS MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE MINNO KIDS SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. MINNO KIDS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, MINNO KIDS READY DEVICES, AND MINNO KIDS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the Minno Kids service or on the Minno Kids website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the Minno Kids service and/or website or user interfaces, (iv) delivery and or display of any content contained on the Minno Kids website, user interfaces, or otherwise through the Minno Kids service; and (vii) any losses or damages arising from the use of the content provided on the Minno Kids website, user interfaces, or otherwise through the Minno Kids service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, optical media discs or any conduct by users of the Minno Kids service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete, or current. We do not make any representations with respect to the content contained on movies and TV shows from the Minno Kids service or the descriptions of any movie or TV show content contained on our website and user interfaces. We do not represent or guarantee that your use of the Minno Kids service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Minno Kids or its affiliated parties.
IN NO EVENT SHALL MINNO KIDS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MINNO KIDS SERVICE, OUR WEBSITE, AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE MINNO KIDS SERVICE, INCLUDING ANY OPTICAL MEDIA DISCS, FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE MINNO KIDS SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE PERIOD’S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
MINNO KIDS MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING MINNO KIDS READY DEVICES OR THE COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various third-party software end user license agreements you may have agreed to in order to access our service.
Intellectual Property
The Minno Kids service, including all content included on the Minno Kids website and user interfaces, or delivered to members as part of the service, including, but not limited to, movies, videos, songs, and TV shows you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Minno Kids or its licensors and are protected by the United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Minno Kids on our website and user interfaces or in connection with the Minno Kids service are the exclusive property of Minno Kids and its licensors and are protected by the copyright and trade secret laws in the territories in which the Minno Kids service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Minno Kids or its licensors. You agree to adhere to the restrictions set forth under “Minno Kids Streaming Software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Minno Kids service, not to insert any code or product or manipulate the content of the Minno Kids service in any way, and not to use any data mining, data gathering or extraction method. Minno Kids reserves the right to terminate your membership hereunder if Minno Kids, in its sole and absolute discretion, believes that you are in violation of Minno Kids software restrictions, restrictions against copying movies, videos, songs, or TV shows provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of Minno Kids and its licensors. Minno Kids does not promote, foster, or condone the copying of movies, videos, songs, and TV shows, or any other infringing activity. The use of the Minno Kids service, including movies, videos, songs, and TV shows made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the Minno Kids service, including any on the Minno Kids website and user interfaces.
Trademarks
Minno Kids is a trademark of Minno Kids. The Minno Kids logo and gominno.com are trademarks or service marks of Minno Kids. The Minno Kids website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts, and service names constitute trade dress of Winsome Truth, Inc. The trademarks, service marks, and trade dress of Minno Kids may not be used or reproduced without prior written approval from Minno Kids and may not be used in connection with any product or service that is not affiliated with Minno Kids, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Minno Kids, or in any manner that disparages or discredits Minno Kids. Other trademarks that appear on the Minno Kids website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Minno Kids. Any images of persons or personalities contained on the Minno Kids website and user interfaces are not an indication or endorsement of Minno Kids or any particular product or our service unless otherwise indicated.
Entertainment and Service Content
We distribute movies, television, other filmed entertainment, and music. We reserve the right to display and promote the filmed entertainment or additional information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. In addition, the Minno Kids service allows you and other third parties to post reviews or comments concerning the entertainment distributed by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Minno Kids service are those of the respective authors or producers and not of Minno Kids or its shareholders, directors, officers, or employees or licensors. Under no circumstances shall Minno Kids, or its shareholders, directors, officers, directors, or employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the Minno Kids service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Minno Kids service.
Use of Information Submitted
Minno Kids is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Minno Kids service, including the Minno Kids website and user interfaces, without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Minno Kids service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Minno Kids does not accept unsolicited materials or ideas for use or publication and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Minno Kids. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Minno Kids and its affiliates regarding the use of such materials and ideas, even if the material or an opinion is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of movies, videos, songs and TV shows, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice. If you are selected to participate in a test or beta version of any of our products or service, you should not rely on nor expect the continued availability of these new products or services. Any information, data, content, or materials provided or displayed to you in or through any test or beta participation, or any knowledge you may have from or relating thereto, is the proprietary and confidential information of Company.
Customer Service
If you need assistance with your account, you may find answers and reach Customer Service by emailing us at support@gominno.com. We provide such support service only with your permission and in your presence (via phone and Internet connection). The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool. We may utilize the services of third parties in providing you customer service support. You are expected to interact with our customer service agents in a respectful manner, and if we deem your interaction to be derogatory in nature, we reserve the right to terminate your subscription.
Your Conduct in Accessing the Minno Kids Service
By accessing the Minno Kids service, including the Minno Kids website and user interfaces, you agree to use the Minno Kids service, including all features and functionalities associated therewith, the website and user interfaces, and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on the use of the service or content therein. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit 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 associated with the Minno Kids service. You also agree not to impersonate any other person while using the Minno Kids service, conduct yourself in a vulgar or offensive manner while using the Minno Kids service, or use the Minno Kids service for any unlawful purpose.
You agree that all of the foregoing restrictions apply not only to the Minno Kids service, but also to the servers and networks connected to any portions of the Minno Kids service whether operated by Minno Kids or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or e-mail header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk e-mail or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks. Minno Kids has restricted the ability for accounts to be accessed by multiple IP addresses. If a subscriber shares their account log-in information with others, Minno Kids reserves the right to cancel and terminate the subscriber’s account.
Limitations on Use
You must be 18 years of age or older to become a member of the Minno Kids service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use. While Minno Kids does distribute products that may be watched by children, the Minno Kids service is not intended to be used by children without the involvement, supervision, and approval of a parent or legal guardian. Unless otherwise specified, the Minno Kids service, and any content viewed through our service, are for your personal and non-commercial use only, and we grant you a limited, nonexclusive, nontransferable license to access the Minno Kids service for that purpose. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. Except as expressly permitted by us, you may not download (other than through page caching necessary for personal use, or as otherwise explicitly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Minno Kids service, without our express written consent. Minno Kids does not promote, foster, or condone the copying of movies and TV shows, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade, or thwart any of the Minno Kids service’s content protections. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Minno Kids without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Minno Kids name or trademarks without our express written consent. Any unauthorized use of the Minno Kids service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
Links and Pages
Some of the hyperlinks on the Minno Kids website may lead to other websites or other content that are not controlled by or affiliated with Minno Kids. In addition, other websites may link to the Minno Kids website, or Minno Kids may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Minno Kids may include pages that display and provide information on Applications, Minno Kids ready devices, or other products. These pages may provide links to third party sites where Minno Kids members may obtain or purchase such Applications and devices. Minno Kids has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Minno Kids is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices, and terms of use, which we recommend you read carefully.
Promotions
Promotional codes may be redeemed on our website. Promotional code can only be used once and cannot be redeemed for cash, resold, or combined with any other offers. If you received a promotion code through an offer by a third party, additional restrictions may apply.
Claims of Copyright Infringement
It is the policy of Minno Kids to respect the intellectual property rights of others. Minno Kids does not condone the unauthorized reproduction or distribution of movies, videos, songs or TV shows, or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Minno Kids service, please notify us at:
Copyright Compliance Department
Winsome Truth, Inc.
818 18th Avenue S., 10th Floor
Nashville, TN 37203
Tel: 615-463-5039
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee, U.S.A., without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall remain in full force and effect.
Arbitration Agreement
You and Minno Kids agree that any dispute, claim, or controversy arising out of or relating in any way to the Minno Kids service, including our website, user interfaces, these Terms of Use, and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. 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 minimal review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Minno Kids are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Minno Kids membership. If you elect to seek arbitration, you must first send to Minno Kids, by certified mail, a written Notice of your claim (“Notice”). The Notice to Minno Kids should be addressed to: Winsome Truth, Inc., 818 18th Avenue S., 10th Floor, Nashville, TN 37203 (“Notice Address”). If Minno Kids elects to seek arbitration, it will send a written Notice to the e-mail address used for your membership account. A Notice, whether sent by you or by Minno Kids, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and Minno Kids do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Minno Kids may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Minno Kids or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Minno Kids receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and Minno Kids agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules, including the AAA rules regarding the selection of an arbitrator). If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Minno Kids’ last written settlement offer made before an arbitrator was selected (or if Minno Kids did not make a settlement offer before an arbitrator was selected), then Minno Kids will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
YOU AND MINNO KIDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Minno Kids 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 or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the termination of these terms, shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.