Terms and Conditions:
The following terms and conditions
govern all use of the TinyMiner.com website and all content, services and products available at or through the
website, including, but not limited to, the TinyMiner software, website and forum. The Website is owned and
operated by VanGogh Gaming. The Website and TinyMiner software are offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other operating rules, policies
time to time on this Site by VanGogh Gaming (collectively, the “Agreement”).
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
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
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
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
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.
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.
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
You represent and warrant that (i) your use of
Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations
in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data exported from the United States or the
country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
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.