|Terms of Service|
Terms and Conditions:
VanGogh Gaming is the developer, copyright owner and the only authorized seller of the TinyMiner software. Eve Online is a registered trademark of CCP. VanGogh Gaming and the TinyMiner website are NOT affiliated with CCP in any way!
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by VanGogh Gaming, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Payments Policy and Refund Requests
Paid applications such as the TinyMiner
software and all its derivative works, upgrades and maintenance fees are available on the Website. By selecting
such an application or upgrade you agree to pay VanGogh Gaming the fees indicated for that product. Payments will
be charged on a pre-pay basis on the day you decide to make the purchase and will cover the use of that product including free updates for ONE year. Subsequently a one-year license extension valid for all TinyMiner products can be purchased annually for a small fee throughout the entire life cycle of the Website.
The registered version of the program is not intended for testing purposes. We have a fully functional trial version which can be used exactly for this purpose so please feel free to test it until you are confident you want to buy the full version. Once you purchase the registered version, refunds are offered only in the case where you experience technical difficulties and you cannot use the product at all. Otherwise the software is yours forever to use as you see fit and it is not subject to refunds. Upgrade fees are also non-refundable.
End User Licensing Agreement (EULA)
IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and VanGogh
Gaming for the TinyMiner SOFTWARE(s) identified above. By installing, copying, or otherwise using the SOFTWARE, you
agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE: You MAY install and/or use the SOFTWARE on 1 computer per license you have purchased from VanGogh Gaming. Additional licenses are available at discounted prices! We reserve the right to terminate any licenses that are in violation of our policy or licensing terms, with no prior warning or notification. No refunds of any kind will be granted to those who violate our terms. We also reserve the right to define and decide when our terms are being violated.
3. DISTRIBUTION. You MAY NOT sell, rent, lease, lend, make available for download online or in any form of media, or otherwise redistribute the SOFTWARE in any way whatsoever. You MAY NOT sell, rent, lease, lend or otherwise redistribute derivative works based upon the SOFTWARE.
4. RESTRICTIONS. You MAY NOT not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
All our products include access to email and helpdesk support. “Email and Helpdesk support” means the ability to make requests or open tickets for technical support assistance by email or on our Contact page at any time (with reasonable efforts by VanGogh Gaming to respond within one business day) concerning the use of the TinyMiner software. All support will be provided in accordance with VanGogh Gaming's standard practices, procedures and policies.
Copyright Infringement and DMCA Policy
As VanGogh Gaming asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TinyMiner.com violates your copyright, you are encouraged to notify VanGogh Gaming at your earliest convenience. VanGogh Gaming will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. VanGogh Gaming will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of VanGogh Gaming or others. In the case of such termination, VanGogh Gaming will have no obligation to provide a refund of any amounts previously paid to VanGogh Gaming.
This Agreement does not transfer from VanGogh Gaming to you any VanGogh Gaming or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VanGogh Gaming. VanGogh Gaming, TinyMiner, TinyMiner.com, the website logo, and all other trademarks, service marks, graphics and logos used in connection with TinyMiner.com, or the Website are trademarks or registered trademarks of VanGogh Gaming or VanGogh Gaming’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any VanGogh Gaming or third-party trademarks.
VanGogh Gaming reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. VanGogh Gaming may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
VanGogh Gaming may terminate your access to all or any part of the Website and TinyMiner software at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TinyMiner license and forum account (if you have one), you may simply discontinue using the product. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website and TinyMiner Software are provided “as is”. VanGogh Gaming and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither VanGogh Gaming nor its suppliers and licensors, makes any warranty that the Website and/or TinyMiner software will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Website at your own discretion and risk.
Limitation of Liability
In no event will VanGogh Gaming, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to VanGogh Gaming under this agreement during the twelve (12) month period prior to the cause of action. VanGogh Gaming shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless VanGogh Gaming, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or TinyMiner software, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between VanGogh Gaming and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of VanGogh Gaming, or by the posting by VanGogh Gaming of a revised version. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; VanGogh Gaming may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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