ACCEPTANCE OF TERMS
XMind, Ltd. (referred to herein as “We” or “XMind”) welcomes you to this website (collectively, including all content and technology available through the XMind.net and XMind.org domain names, the “Site”). These Terms of Service apply to all users of the Site, including users who are contributors (“Submitters”) of files, content, information, and other materials on, or made available through, the Site ("Submissions"). The Site includes all aspects of XMind, including but not limited to all products, software and services offered via the Site such as the XMind application, XMind Cloud and XMind Online Library.
We reserve the right to modify or revise these Terms of Service in our sole discretion without notice, and you agree to be bound by such modifications or revisions.
If you do not agree to any of these terms, then please do not use the Site.
In order to access some features of the Site, you will have to create an XMind account. You may never use another’s account without permission, and you may never use another’s account ID to access fee-based products and services, including but not limited to XMind Pro software subscriptions, for which you have not paid. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify XMind immediately of any breach of security or unauthorized use of your account. Although XMind will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of XMind or others due to such unauthorized use.
XMind hereby grants you permission to access and use the Site as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Site without XMind’s prior written authorization.
- You agree not to alter or modify any part of the Site, including but not limited to the XMind Widget or any of its related technologies.
- You agree not to use the Site, including the XMind Widget, for any commercial use, without the prior written authorization of XMind. Prohibited commercial uses include any of the following actions taken without XMind’s express approval:
- sale of access to the Site or its related services (such as the XMind Widget) on another website;
- use of the Site or its related services (such as the XMind Widget), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Site or any third-party Site, targeted to the content of specific Submissions or XMind content;
- and any use of the Site or its related services (such as the XMind Widget) that XMind finds, in its sole discretion, to use XMind’s resources or Submissions with the effect of competing with or displacing the market for XMind, XMind content, or its Submissions.
- Prohibited commercial uses do not include:
- uploading an original Submission to XMind, to promote your business or artistic enterprise;
- using the XMind Widget to show XMind files on an ad-enabled blog or website, provided the primary purpose of using the XMind Widget is not to gain advertising revenue or compete with XMind;
- any use that XMind expressly authorizes in writing.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the XMind servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, XMind grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. XMind reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their Submissions.
- Submitters understand and agree that third-party advertising, in any commercially reasonable format, may be made available to users of the Site, including in connection with uploaded Submissions. Submitters expressly agree that they shall not be entitled to any sharing or other compensation whatsoever for any revenue generated by or received by XMind for the display of any such advertisements.
- In your use of the Site, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
- XMind reserves the right to discontinue any aspect of the Site at any time or to terminate a user's access for violating these Terms of Service.
You may sign in to activate XMind Cloud with your XMind account. Please abide by the following terms of service when using XMind Cloud:
- XMind Cloud only permits the synchronization of XMind files. You agree not to disguise files of other formats to XMind files and synchronize to XMind Cloud.
- Our service of XMind Cloud enables you to upload, submit, save and download XMind files. You reserve all the intellectual property rights on your contents. XMind shall not copy, share or transmit your files to any third party, unless you give permission personally.
- When you upload, submit and save your contents to our server, or download contents through our service, you give a global permission to XMind which allows XMind to host and save your files. In the meantime, XMind provides some service allowing you to visit and delete the contents you offered to XMind. Due to the restrictions of some countries and enterprises, please make sure that you have necessary permissions on any content you submit to our server.
- Please make sure that the contents you upload, submit, or save to our server are completely legitimate, including but not limited to the texts, photos, attachments of the mind maps, etc.. If not, XMind has the unilateral privilege to delete the illegal files, or to cancel the rights of visiting and editing, or to take other actions.
- If you activate the service of XMind Cloud, your name and personal photo might be displayed in this service.
- Many people sharing one XMind account is forbidden, so please reconfirm that you shall not reveal or share your account to others, or it might lead to file losses or changes.
- If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, XMind does not guarantee any confidentiality or security with respect to any such Submissions.
- You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize XMind to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submissions in the manner contemplated by the Site and these Terms of Service.