Mood AI by Mindset

Featured inOUR PARTNERSPartnered withmusic's biggest namesSEVENTEENiKON(G)I-DLESummer WalkerAminéJulia MichaelsCelebrity MindsetsListen to artists share their truthsView MoreCelebrity MindsetsListen to artists share their truthsView MoreWHAT IS MINDSET?Mindset is a daily self-care and wellness platform with a library of authentic and intimate audio collections from your favorite artists.In a hyper-connected world where we feel more isolated than ever, Mindset is flipping the script by harnessing the magnetic power of fame to create space where we feel safe to be seen.Like a smile, vulnerability is contagious. When we share our truth fearlessly, we shine light into darkness and reveal how much more there is that unites us than divides us.Mindset FeaturesCELEBRITY MINDSETS Sometimes we don’t need advice. We just need to hear we are not the only one.Feel inspired as you listen to the stories and life lessons of the people you admire the most. As you listen to Celebrity Mindsets, you’ll be reminded about the importance of self-care and that you are not alone in your challenges. Discover how they dealt with setbacks, overcame adversity, and challenged the status quo to get to where they are today.Let their personal experiences inspire you on your own journey. Hours of impactful audio content100% exclusive contentAccess to an intimate communityText transcripts of each episodeDAILY CHECK-INThe Daily Check-In feature is a quick and easy 5-minute daily routine that makes practicing self-care and wellness simple and effortless. Make self-care a daily habit today.DAILY REFLECTIONSShare your experiences and feelings with others who can truly relate. Read others' stories and feel less alone in your own challenges. It's time to share your own stories. We all have experiences that evoke a powerful reaction inside us. Whether we're moved to tears or laughter, the emotions that these experiences evoke are worth sharing with others. The Daily Reflections feature is a place to recount one of those moments, reflect, and be inspired by others.EXPERT-LED ADVICEMindset's Expert-Led Content offers expert guidance and tools to support your mental wellness. Our exclusive library is created in partnership with mental health professionals and professors. Don't let life get the best of you. Take control today with expert advice and guidance.DAILY QUOTESStart your day with a daily dose of inspiration to motivate, challenge and inspire you to live your best life each and every day.DISCORD COMMUNITYConnect with members of the Mindset community from all over the world.‍As Mindset grows, we want to provide a supportive environment for you to share your experiences, be inspired by each other, and connect with other Mindset members. Mindset's Discord Community is a digital safe space of over 50k members where we can all come together as one community, feel understood, and enjoy each other's presence.Try for free today!Making daily self-care easy, accessible, and a priority for people worldwide.What Users ThinkComforting contentJenntruongDebbie MoffatxThe Mindset app is like going to a safe place with friends. The content is so comforting and personal that it helps me feel grounded and reassured that I'm not alone, and gives a feeling of confidence that I can take on anything even if its hard.My favorite app!Mindset is the best thing. As someone who struggles a lot with their mental health, it's great to have a place like this where you can go and get advice by listening to others' stories. You feel connected and a part of a community where you're not alone.TiredJediDicte RejmersxBest way to brighten your dayThere have been many points in life where I’ve been “down in the dumps” and I always turn back to Mindset to cheer me up. Being able to listen to influential peoples' life stories and what they’ve been through helps me assure myself that I’m not alone.Nat.taeLauren AmbrozyxWonderful community!Mindset has such a wonderful community associated with it and by engaging in similar struggles and upbringings, I am able to find a community that I enjoy spending time with and also being able to share about life difficulties. Very easy to use too!_.yehet_infires._Tiffany TruongxPerfect way to unwindAmazing content, Well organized, and easy to operate, the Mindset app appeals to both new and returning fans of the featured artists. I use the episodes to calm me down while walking to school and I always feel more centered after each episode.Jessica LeyCamryn BazanxRoad to a better meI’m glad that I was able to come across such an amazing app. Mindset has been helping me grow in ways that I didn’t know I could. It shows us that everyone is going through something in life and you are not alone. I would recommend it to everyone!Alexa_dbEvelin HernandezxFrequently Asked QuestionsWhat is Mindset?How does Mindset work?How can I benefit from using Mindset?Is Mindset free?Can I cancel my Mindset subscription anytime?How do I contact Mindset support?Can I use Mindset on desktop?Is Mindset available on both iOS and Android?Stay up to date with MindsetBe the first to know about new Collections and features, and receive notes from your favorite artists sent straight to your inbox.Thank you! Your submission has been received!Oops! Something went wrong while submitting the form.Start listening for free© 2022 Mindset by DIVE Studios.All rights reserved.Privacy PolicyEXPLOREGift A SubscriptionCareersCancel SubscriptionCOMPANYAboutSupportAboutTerms & ConditionsPrivacy policy© 2021 Mindset by DIVE Studios. All rights reserved. --- Mindset BY DIVE STUDIOSTERMS AND CONDITIONS OF USELast Updated: February 1, 2022Welcome to the Mindset by DIVE Studios application (together with all of its features and content and related or commonly owned or operated websites and applications, the “Platform”), an interactive content sharing platform that allows end users who access and/or use the Platform (such end users, whether registered or unregistered, “Users,” and each, a “User”, “you,” or “your”) to subscribe to and consume audio, audio-visual and related multimedia content (“Episodes”) uploaded to the Platform by various content creators (“Creators”) through such Creators’ content channels (“Mindsets,” and together with Episodes and all other content therein, “Creator Content”). The Platform is made available by Creators Collective, Inc., a Delaware corporation doing business as DIVE Studios (“DIVE Studios”).Your use of the Platform and all Platform Content (defined herein) thereon shall be subject to these Terms and Conditions of Use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, the Mindset by DIVE Studios Privacy Policy (collectively, the “Terms and Conditions of Use”), and such Terms and Conditions of Use constitute a legally binding agreement between DIVE Studios and each User.YOU MUST BE AT LEAST THIRTEEN (13) YEARS TO ACCESS AND USE THE PLATFORM; PROVIDED, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) YEARS OLD (OR ANY OTHER APPLICABLE AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE) YOU MAY ONLY ACCESS AND USE THE PLATFORM WITH THE PRIOR PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN, AND YOU REPRESENT AND WARRANT TO US THAT YOU HAVE SUCH PERMISSION AND THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS OF SERVICE WITH YOU. SINCE CERTAIN CONTENT MADE AVAILABLE ON THE PLATFORM MAY NOT BE SUITABLE FOR MINORS, WE RECOMMEND THAT PARENTS OR LEGAL GUARDIANS WHO PERMIT THEIR CHILD TO ACCESS AND USE THE PLATFORM TO SUPERVISE SUCH CHILD’S ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ENGAGEMENT WITH ANY OTHER USER THEREONBy accessing and using the Platform and/or creating an Account (as defined below), you are deemed to have read, accepted, executed, and be bound by these Terms and Conditions of Use. DIVE Studios may change or amend these Terms and Conditions of Use at any time at its sole and absolute discretion. If DIVE Studios makes a material change or amendment to these Terms and Conditions of Use, it will notify Users thereof by posting such changes or amendments on the Platform, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications DIVE Studios provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS AND CONDITIONS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE PLATFORM OR THE PLATFORM CONTENT AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED USE OF THE PLATFORM OR THE PLATFORM CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.Platform LicenseDIVE Studios hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicenseable right and license to access and make personal use of the Platform and Platform Content solely as permitted by the tools, products, services, functionalities, and/or features of the Platform, subject in all respects to these Terms and Conditions of Use, and not for redistribution of any kind (except as otherwise expressly facilitated through the Platform’s functionalities) (the “License”). This License does not include any resale or commercial use of (i) the Platform, (ii) Creator Content, (iii) any Registration Data (defined below), (iv) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Platform pages (including Mindsets), software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Platform by DIVE Studios, the applicable Creators, or other Users via the Interactive Functionalities, or (v) any trademarks, service marks, logos, designs, and insignia of DIVE Studios or any third-party, including, without limitation, any Creator’s or any Creator’s Charitable Partner (defined below), or products or services used or displayed on or through the Platform or in collateral materials thereto (collectively, “Trademarks,” and together with the items set forth in items (ii) through (iv) above, the “Platform Content”), which Platform Content is and shall remain the sole and exclusive property of DIVE Studios or the applicable Creator, Creator Charitable Partner, or other third-party licensor/owner from whom DIVE Studios obtained the right to use such Platform Content. You specifically acknowledge and agree that all Trademarks described in item (v) are registered or unregistered trademarks or service marks of DIVE Studios or the applicable third-party licensor/owner thereof, and nothing on the Platform or in these Terms and Conditions of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use the Trademarks. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.As between you and DIVE Studios, DIVE Studios retains all right, title, and interest in and to the Platform, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Platform, (iii) all other materials and content uploaded or incorporated into the Platform, including, without limitation, all Platform Content, and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Platform IP”), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Platform IP other than the License expressly granted herein. Platform IP is protected in all forms, media, and technologies now known or hereinafter developed by state, federal, and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.To use any Creator Content in any manner not expressly permitted hereunder, you will need permission from the applicable Creator in addition to the owner of any content and other materials incorporated therein. DIVE Studios is not responsible for putting you in touch with any Creator or third-party owner for purposes of obtaining such permission.Violation of this License may result in infringement of intellectual property and contractual rights of DIVE Studios, Creators, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.Third-Party Content and ProductsThe Platform may include embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) that are not owned or controlled by DIVE Studios (collectively, “Third-Party Content”). Third-Party Content is provided as an information service, for reference and convenience only. DIVE Studios does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services.Inclusion of any Third-Party Content or goods or services available for purchase from third-parties (“Third-Party Products”) on the Platform does not constitute or indicate DIVE Studios’ endorsement thereof and DIVE Studios shall not be liable or responsible for any Third-Party Content transmitted through the Platform or Third-Party Products displayed on the Platform. You shall be subject to any additional terms and conditions of use or service, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access or Third-Party Products you purchase on or through the Platform (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms and Conditions of Use. You acknowledge and agree that DIVE Studios will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use and/or access of, or interaction with of Third-Party Content, including compliance with Third-Party Terms associated therewith. Accordingly, DIVE Studios encourages you to be aware when you leave the Platform and to read the Third-Party Terms associated with any Third-Party Content.By using the Platform, you expressly release and hold DIVE Studios harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Liabilities or Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Platform or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.Interactive Functionalities and Voice Messaging FeatureThe Platform contains certain interactive functionalities and features whereby Users can interact with certain Creator Content, Mindsets, Creators, and/or other Users, including, without limitation, by commenting on Episodes and “liking” or “following” certain Creator Content, Mindsets, Creators and/or Users (the “Interactive Functionalities”).In the future, the Platform may also enable Users to connect and communicate directly with Creators through recorded voice messages (the “Voice Messaging Feature”). If and when such Voice Messaging Feature is made available, it will be within each Creator’s sole discretion whether or not to respond to any User through the Voice Messaging Feature and when and how to communicate with Users through the Voice Messaging Feature. DIVE Studios does not guarantee any type, quality, or frequency of communication, if at all, with any Creator and does not monitor or moderate communications between Users and Creators through the Voice Messaging Feature.All messages submitted, uploaded, posted, or transmitted through the Voice Messaging Feature will be treated in accordance with the Privacy Policy.You acknowledge and agree that your use the Interactive Functionalities will be publicly visible to other Users, including without limitation, any comments, “likes” or “follows” that you make, and that you will be publicly identified when engaging with Interactive Functionalities by your Account username. Therefore, do not submit, upload, post, or transmit anything via such Interactive Functionalities that you consider to be confidential, proprietary, private, or sensitive. You use of the Voice Messaging Feature shall remain private between you and the applicable Creator; provided, any such voice messages shall be stored by, and shall remain accessible to, DIVE Studios in accordance with the Privacy Policy. Neither DIVE Studios nor any Creator will be responsible for the action of any Users with respect to any content, information or materials submitted, uploaded, posted, or transmitted via the Interactive Functionalities and/or Voice Messaging Feature (as applicable).Each User and any Creator (as applicable) using/engaging with the Interactive Functionalities and the Voice Messaging Feature (as applicable), shall at all times conduct himself or herself professionally, civilly, and respectfully and shall in no event harass, solicit, stalk, maliciously target, or otherwise make hurtful, racist, defamatory, derogatory, or sexually explicit statements, gestures, comments, inquiries, or propositions, or engage in malicious, sexually explicit, or illegal conduct against, the other User or Creator (as applicable). Additionally, no User shall misrepresent his/her identity or his/her affiliation with or endorsement by any third party, including without limitation, any Creator or Creator’s Charitable Partner.You hereby acknowledge and agree that DIVE Studios does not actively monitor or police the Interactive Functionalities, the Voice Messaging Feature (as applicable), or specific interactions between Users and/or Creators (and has no obligation to do so) and you hereby disclaim and hold DIVE Studios harmless from and against any and all liability resulting from a User’s interaction with, or conduct towards, any other User and any interaction with any Creator. Notwithstanding the foregoing, DIVE Studios reserves the right to determine, at its sole discretion and without notice to you, to remove any comments that you post via the Interactive Functionalities, to undo any of your “likes” or “follows”, to block you (temporarily or permanently) from accessing particular Interactive Functionalities, and to determine what constitutes a violation of the restrictions set forth above, where/when a violation may have occurred that has occurred, and whether to partially or completely deny, suspend, or terminate your access to the Platform if such determination is made.To report any activity that violates these restrictions, please email DIVE Studios at support@getmindset.com.You hereby grant to DIVE Studios a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, reproduce, store, distribute, publish, display, publicly perform, modify, adapt, make derivative works of, and otherwise exploit and exercise all copyright, privacy and publicity rights, and any other rights you may have in, anything that you upload to the Platform (including comments) via the Interactive Functionalities in any media now known or not currently known in order to operate, perform, promote, advertise, market, and improve upon the Platform (and acknowledge that this license shall also apply to the Voice Messaging Feature, provided all uses related to the Voice Messaging Feature content shall be internal), which is without any payment, permission, or notification due from DIVE Studios to you or any other Person.You represent and warrant that you will not upload anything to the Platform via the Interactive Functionalities, the Voice Messaging Feature or otherwise that is not your original work of authorship, for which the owner/licensor thereof has not expressly granted you permission to use, or for which you do not own or control the rights in and to or do not have proper clearances, licenses or permissions to upload and to grant DIVE Studios the rights therein specified above. You further represent and warrant that you will not upload anything to the Platform, or take any action, via the Interactive Functionalities or Voice Messaging Feature (as applicable) that violates or will violate applicable law or the rights of any third party, including, without limitation, any right of publicity, right of privacy, copyright, patent, trademark, or other intellectual property right or any proprietary right.You acknowledge and agree that DIVE Studios may establish general practices and limits concerning use of the Platform, including the Interactive Functionalities or the Voice Messaging Feature (as applicable), and/or Platform Content (including Creator Content). You further acknowledge that DIVE Studios reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.Digital Millennium Copyright ActDIVE Studios has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. DIVE Studios reserves the right to remove any Platform Content (including any content uploaded by a User via the Interactive Functionalities) that allegedly infringes another Person’s copyright. DIVE Studios will terminate, in appropriate circumstances, Users who are repeat infringers of another Person’s copyright. Notices to DIVE Studios regarding any alleged copyright infringement should be directed to DIVE Studios via email at copyright@getmindset.com. This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions of Use.‍Notification of Alleged Copyright Infringement:If any Person believes in good faith that its intellectual property has been used on the Platform in a way that constitutes copyright infringement under applicable law, such Person or its agent (each, a “Copyright Claimant”) may provide DIVE Studios with a written notice containing the following: • The Copyright Claimant’s name, address, telephone number, and email address; • A description of the copyrighted work that the Copyright Claimant claims has been infringed;A description of where on the Platform the material you claim is infringing may be found, sufficient for DIVE Studios to locate the material; • A statement that the Copyright Claimant has a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law; • A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that the Copyright Claimant is the copyright owner or authorized to act on the copyright owner’s behalf; and • The Copyright Claimant’s electronic or physical signature.U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.‍Counternotice to Restore Content Removed for Alleged Copyright Infringement: If a User or Creator believes that Creator Content or any content uploaded by a User via the Interactive Functionalities, respectively, has been removed by mistake or misidentification, that Creator or User may provide DIVE Studios with a written counter-notification containing the following information:The Creator’s/User’s name, address, telephone number, and email address; • A description of the material that was removed from the Platform; • A description of where on the Platform the allegedly violating content that was removed previously appeared; • A statement that the Creator/User has a good faith believe that the material was removed or disabled as a result of a mistake or misidentification; • A statement by the Creator/User under penalty of perjury under applicable law that the information in your counter-notice is accurate; • A statement that the Creator/User consents to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, the • United States District Court for Central District of California, and that you will accept service of process from the Person who filed the original DMCA notice or an agent of that Person; and • The Creator’s/User’s electronic or physical signature.TrademarksYou agree not to display or use in any manner any Trademark, either registered under the laws of the Unite States or any other country or jurisdiction, or unregistered and existing at common law, belonging to DIVE Studios or any other third party unless you obtain DIVE Studios’ or such third party’s prior written consent.DIVE Studios reserves the right to remove any Platform Content that allegedly infringes another Person’s Trademark. Notices to DIVE Studios regarding any alleged Trademark infringement should be directed to DIVE Studios via email at support@getmindset.com. This email address is only for reporting suspected Trademark infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions of Use.‍Notification of Alleged Trademark Infringement: If any Person believes in good faith that its registered Trademark has been used on the Platform in a way that constitutes Trademark infringement under applicable law, such Person or its agent (each, a “Trademark Claimant”) may provide DIVE Studios with a written notice containing the following: • The Trademark Claimant’s name, address, telephone number, and email address; • The registration number of the Trademark, jurisdiction(s) of registration, and categories of goods and/or services covered by such registration; • A description of where on the Platform the allegedly infringing Platform Content may be found, sufficient for DIVE Studios to locate the material; • A statement that the Trademark Claimant has a good faith belief that the use of the registered Trademark is not authorized by the Trademark owner, registrant, or licensee or their respective agents, or applicable law; • A statement by the Trademark Claimant under penalty of perjury under applicable law that the information in your notice is accurate and that the Trademark Claimant is the owner, registrant, or licensee of the Trademark at issue or authorized to act on behalf of such Trademark owner, registrant, or licensee; and • The Trademark Claimant’s electronic or physical signature.‍No Appeal to Restore Content Removed for Alleged Trademark Infringement: If DIVE Studios removes any Platform Content because of a Trademark infringement report, the applicable Creator/User will receive a notification from DIVE Studios that includes the name and email address of the Trademark Claimant and/or the details of the report. If such Creator/User believes the content at issue should not have been removed, that Creator/User can follow up with the Trademark Claimant directly to try to resolve the issue. DIVE Studios does not provide a counter-notice or appeal mechanisms for claims of Trademark infringement and disclaims any liability for claims any Creator/User might make regarding mistaken or misidentified Trademark infringement notice and takedown requests.Limitations on Platform UseYou are solely responsible for all of your interactions with the Platform and other Users and Creators on or through the Platform, including, without limitation, via Interactive Functionalities and the Voice Messaging Feature (as applicable), and you agree to conduct yourself professionally, civilly, and respectfully at all times.The Platform and Platform Content may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Platform’s functionalities or without express prior written consent of DIVE Studios, or the Creator or applicable third party owner of any Platform Content.With limiting the foregoing, while using the Platform, you may not: • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of DIVE Studios or other Users or Creators, or use information learned from the Platform or Platform Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of DIVE Studios or any other User or Creator outside of the Platform; • Submit, upload, post, or transmit anything via the Platform, or otherwise utilize Interactive Functionalities or Voice Messaging Feature to communicate or distribute information, that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals, or that provides materials or access to materials that exploit people under the age of eighteen (18) in an abusive, violent, or sexual manner; • Use the Platform or Platform Content for any purpose in violation of applicable local, state, federal, or international law or regulation; • Use or otherwise export or re-export the Platform or any portion thereof, or the Platform Content in violation of the export control laws and regulations of the United States; • Submit, upload, post, or transmit any content or material that contain software or other material that violate the intellectual property rights (or rights of privacy or publicity) of any third party or for which you have not obtained the necessary rights or permissions to use accordingly; • Submit, upload, post, or transmit any content, materials or files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer; • Conduct or forward surveys, contests, pyramid schemes, or chain letters;Impersonate another User, Creator, or any other third party, or knowingly allow any other Person to use your identification or Account to utilize the Platform; • Download any file submitted, uploaded, posted, or transmitted via the Platform that a User knows, or reasonably should know, cannot be legally distributed through the Platform; • Restrict or inhibit any other User from using and enjoying the Interactive Functionalities; • Imply or state that any statements you make are endorsed by DIVE Studios or any other User or Creator without the prior written consent of DIVE Studios or such User or Creator;Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Platform in any manner; • Hack or interfere with the Platform or its servers or any connected networks; • Adapt, alter, license, sublicense, or translate the Platform or Platform Content for your own personal or commercial use; • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform; • Remove or alter, visually or otherwise, any trademark notice, copyright notice, or other proprietary or restrictive notice or legend with respect to any intellectual property owned by DIVE Studios or any third-party Person; • Use the Platform to collect Registration Data of Users by electronic or other means;Use the Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining DIVE Studios’ trade secret information for public disclosure or other purposes; • Use, transfer, distribute, or dispose of Platform or Platform Content in any manner that could compete with the business of DIVE Studios; • Advertise or offer to sell any goods or services for any commercial purpose through the Platform, or otherwise submit, upload, post, or transmit commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Platform without notice to you at any time, unless otherwise agreed by you and DIVE Studios in a separate written agreement; • Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Platform; or • Cause or induce any Person to engage in the restricted activities above.The License granted to you terminates automatically upon any unauthorized use of the Platform or the Platform Content and DIVE Studios will take appropriate investigative and legal action for any illegal or unauthorized use of the Platform or Platform Content.Unlawful Activity; Termination of Platform AccessDIVE Studios reserves the right to investigate complaints or reported violations of these Terms and Conditions of Use and to take any action DIVE Studios deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-party Persons and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, IP addresses, and traffic informationDIVE Studios further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Platform (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if DIVE Studios believes in good faith that you have violated or acted inconsistently with these Terms and Conditions of Use or any applicable law or that you have engaged in conduct that DIVE Studios determines, in its sole discretion, to be inappropriate or unacceptable. DIVE Studios may also terminate your access to the Platform if you assert any legal claim or bring any legal action against DIVE Studios or assert any legal claim or bring any legal action that involves the Platform. DIVE Studios also reserves the right, at DIVE Studios’ sole discretion, to seek and obtain any other remedies available to DIVE Studios pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms and Conditions of Use or any other act or omission by you that gives rise to a legal claim or legal action or Loss by DIVE Studios. In the event your right to use the Platform terminated, limited, or suspended, these Terms and Conditions of Use will remain in effect and enforceable against you.You may terminate these Terms and Conditions of Use at any time by ceasing all use of the Platform; provided, however, that all sections of these Terms and Conditions of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms and Conditions of Use.User AccountsIn order to utilize certain full functionalities of the Platform, you must register and create an Account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, profile picture, etc., and to create an Account login password (collectively, “Registration Data”). Alternatively, you may register for an Account using your Facebook, Twitter, Google, Apple, or other available and integrated plug-in credentials, which shall be considered Registration Data for purposes hereof. You agree that all Registration Data you provide to DIVE Studios will be, and remain at all times, true, accurate, current, and complete. DIVE Studios may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by DIVE Studios.DIVE Studios will have the right to use your Registration Data in connection with servicing and operating the Platform. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the Registration Data of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify DIVE Studios of any breach of security by promptly sending DIVE Studios an email to support@getmindset.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. DIVE Studios is not responsible for any Losses as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.If you are 13 years old or older but younger than the age of majority in your jurisdiction, you may register and become a Member on your own as long as you obtain your parent or legal guardian’s consent prior to registering, and by continuing to use Operator, you represent and warrant that you have obtained that permission.Fees and PaymentsCreators may offer Episodes to Users either free of charge or for a fee on a discrete transaction (i.e., non-subscription, a la carte) basis (such Episodes, collectively, “Premium Episodes”).‍Payment and Billing: When you purchase any Premium Episode through the Platform, you must provide and maintain valid payment information (e.g., credit card number) in connection with your Account with DIVE Studios or with your third-party mobile application provider (e.g., Apple Store or Google Play Store) (the “Payment Method”). You represent and warrant that you are authorized to use such Payment Method to make any such purchase, and authorize DIVE Studios to charge your Payment Method for the total amount, including any applicable taxes, for each of your purchases. Such purchase may be suspended or cancelled by DIVE Studios for any reason, including if the Payment Method cannot be verified, is invalid, or is otherwise not acceptable.‍Payment Processing for Premium Episodes: Payment processing services for the purchase of the Premium Episodes are currently provided by Stripe, Inc. (the “Payment Processor”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, as modified from time to time (collectively, the “Payment Processor Services Agreement”). By agreeing to these Terms and Conditions of Use and continuing to operate an Account, you agree to be bound by the Payment Processor Services Agreement. You agree to provide DIVE Studios and the Payment Processor with accurate and complete information as and when requested and authorize DIVE Studios to share with or transmit to the Payment Processor such information and transaction details related thereto. For clarity, the Payment Processor serves as DIVE Studios’ provider solely for processing payments in U.S. dollars in connection with purchases made by Users on the Platform.‍Premium Episode Pricing and Taxes: All prices for Premium Episodes are shown/advertised in U.S. Dollars and do not include applicable taxes unless DIVE Studios explicitly states otherwise. You are solely responsible for any sales, use, value-added or other governmental taxes, fees, or duties due with respect to your purchase(s) of Premium Episodes in the judgment of DIVE Studios or the Payment Processor.‍Refunds for Purchases of Premium Episodes: Should you become dissatisfied with any Premium Episode and notify DIVE thereof within fourteen (14) days from the date of purchase, DIVE Studios will refund the amount you paid for such Premium Episode and, once processed, terminate your access to such Premium Episode(s). Refunds are not available more than fourteen (14) days after a purchase. In addition, if DIVE Studios determines in its sole discretion that you have violated these Terms and Conditions of Use or abused the foregoing refund policy, such as by purchasing Premium Episodes and repeatedly requesting refunds for such Premium Episodes, DIVE Studios may refuse to refund your purchases of Premium Episodes, refuse to process future purchases of Premium Episodes, and/or suspend or terminate your Account. To request a refund or to ask a question regarding the fourteen (14) day money back guarantee, email DIVE Studios at support@getmindset.com.‍Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.Purchasing an Annual MembershipThe Annual Membership will renew every 12-months unless you cancel your paid subscription before the end of the current subscription period. To cancel, do so through the App Store. The cancellation will take effect the day after the last day of the current subscription period. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in our Terms. Annual Membership TaxesThe price for an Annual Membership is shown/advertised in local currencies and does not include applicable taxes unless it explicitly states otherwise in the terms. You are solely responsible for any sales, use, value-added, or other governmental taxes, fees, or duties due with respect to your purchase(s) of an Annual Membership in the judgment of DIVE Studios or the Payment Processor.Creators’ Charitable GivingDIVE Studios provides Creators the option to feature on their respective Mindsets a charitable organization (each, a “Creator’s Charitable Partner”) to which to donate a portion of gross proceeds from sales of his or her Premium Episodes. Each Creator shall be solely responsible for his or her relationship with his or her Creator’s Charitable Partner, for any and all payments to his or her respective Creator’s Charitable Partner and to any other relevant beneficiaries in accordance with the terms stated on the Platform, and compliance with all applicable laws and regulations with respect thereto. Each Creator has represented and warranted to DIVE Studios that any association or campaign that relates to the Creator’s Charitable Partner or any other fundraising effort is authorized by such Creator’s Charitable Partner or fundraising effort, and that it will ensure that his or her Mindset states clearly and accurately the relationship with his or her Creator’s Charitable Partner and the percentage or amount of proceeds that will be donated from each purchase. Each User acknowledges and agrees that DIVE Studios shall not be responsible for ensuring that the applicable Creator makes the donations of applicable portions of gross proceeds it receives from sales of his or her Premium Episodes, that this will be the sole responsibility of such Creator, and that such User will not hold DIVE Studios directly liable for any failure by a Creator to properly do so. For questions or concerns regarding any Creator’s relationship with his or her Creator’s Charitable Partner, please contact the applicable Creator through the Platform, and not DIVE Studios.Advertisers on PlatformThe Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Platform is accurate and complies with applicable laws. DIVE Studios will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.Special PromotionsDIVE Studios may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of DIVE Studios, and can be activated, modified, or removed at any time by DIVE Studios without advance notification and the liability of any of DIVE Studios’ partners, including Creators, pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms and Conditions of Use.Third-Party CommunicationsBy creating an Account and using the Platform, you hereby affirmatively consent to the use of your email address for notifications from DIVE Studios regarding important service announcements and other administrative communications related to your use of the Platform, including payment receipts and communications for purchases of Premium Episodes, as well as certain marketing and other advertising communications from DIVE Studios and from DIVE Studios’ third-party advertising partners, as more fully set forth in DIVE Studios’ Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in DIVE Studios’ Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Platform, your only way to opt out of such messages is to stop using the Platform.DIVE Studios disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Platform, including through the Voice Messaging Feature (“Third-Party Communications”), that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. DIVE Studios assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.By using the Platform, you expressly release and hold DIVE Studios harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.Representations and WarrantiesThe Platform is available only to Persons who, if individuals, are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or who are between the ages of thirteen (13) and eighteen (18) who have their parent or legal guardian’s permission to use the Platform. BY ACCESSING AND USING THE PLATFORM, EACH PERSON WHO IS AN INDIVIDUAL REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF THEIR PRIMARY RESIDENCE), OR IF THEY ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), HAS THEIR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE THE PLATFORM AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS AND CONDITIONS OF USE, AND WILL SO ABIDE.You represent and warrant that (i) all Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities is true, accurate, current, and complete and (ii) that such Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities, when used for the purposes in which it is submitted, uploaded, posted, or transmitted in or to the Platform, does not infringe upon the rights of any Person, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data and content and other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities or otherwise provide to DIVE Studios and that DIVE Studios reserves the right to reject or remove all or a portion of any such Registration Data or content or other information that you submit, upload, post, or transmit in or to the Platform via the Interactive Functionalities of the Platform that DIVE Studios determines, in its sole discretion, does not comply with these Terms and Conditions of Use, or for any other reason, without notice or liability to you.DisclaimersYOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DIVE STUDIOS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE CREATOR CONTENT, OR THIRD-PARTY CONTENT LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF OR WITHIN THE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM OR THE CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF DIVE STUDIOS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. DIVE STUDIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON, INCLUDING ANY CREATOR, THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND DIVE STUDIOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.THE INFORMATION, OPINIONS, AND RECOMMENDATIONS PRESENTED BY CREATORS IN THEIR RESPECTIVE CREATOR CONTENT ARE FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY. DIVE STUDIOS DOES NOT ENDORSE ANY OF THE FACTS OR OPINIONS CONTAINED IN ANY CREATOR CONTENT. DO NOT RELY ON THE INFORMATION, OPINIONS, OR RECOMMENDATIONS CONTAINED IN ANY CREATOR CONTENT OR OTHERWISE PROVIDED BY ANY CREATOR AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL LEGAL, TAX, ACCOUNTING, OR FINANCIAL ADVICE OR MEDICAL OR HEALTH AND WELLNESS ADVICE, DIAGNOSIS, TREATMENT, OR TRAINING BY A QUALIFIED HEALTHCARE PROVIDER OR INSTITUTION. CONSULT AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LAWYER, ACCOUNTANT, TAX OR FINANCIAL PLANNER, PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL TO ADDRESS SPECIFIC CONCERNS THAT REQUIRE PROFESSIONAL OR MEDICAL ADVICE OR TRAINING. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN, PSYCHOLOGIST, THERAPIST, DIETITIAN, NUTRITIONIST, OR OTHER LICENSED HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED IN CREATOR CONTENT OR BY ANY CREATOR. THE USE OF ANY INFORMATION, OPINIONS, OR RECOMMENDATIONS PROVIDED IN OR THROUGH CREATOR CONTENT OR BY ANY CREATOR IS SOLELY AT YOUR OWN RISK.WITHOUT LIMITING THE FOREGOING, NONE OF THE DIVE STUDIOS PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM. NONE OF DIVE STUDIOS PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING ANY CREATOR. NONE OF THE DIVE STUDIOS PARTIES WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE DIVE STUDIOS PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY THIRD-PARTY PERSONS, INCLUDING ANY CREATOR.TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT DIVE STUDIOS IS ONLY WILLING TO PROVIDE THE PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF DIVE STUDIOS’ LIABILITY TO YOU AND THIRD-PARTY PERSONS. THEREFORE, YOU AGREE NOT TO HOLD DIVE STUDIOS OR ANY OF ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS (INCLUDING CREATORS AND THEIR RESPECTIVE CREATOR’S CHARITABLE PARTNERS) VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “DIVE STUDIOS PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH (I) THE CONDUCT, ACT, OR OMISSION OF ANY USER OR CREATOR (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), (II) ANY CREATOR CONTENT, EPISODE, OR Mindset, (III) ANY DISPUTE WITH ANY USER OR CREATOR, (IV) ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DIVE STUDIOS PARTIES, OR (V) ANY DESTRUCTION OF YOUR INFORMATION.UNDER NO CIRCUMSTANCES WILL ANY OF THE DIVE STUDIOS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE DIVE STUDIOS PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).YOU AND DIVE STUDIOS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR DIVE STUDIOS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR DIVE STUDIOS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND DIVE STUDIOS FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, DIVE STUDIOS, AND ALL OTHER PERSONS PARTY TO ANY SUCH PROCEEDING.IndemnificationYou hereby agree to indemnify, defend and hold harmless, the DIVE Studios Parties, from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any Liabilities brought by a third-party Person based on: (i) your use of, or inability to use, the Platform, including the Platform Content; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms and Conditions of Use; (iii) any Registration Data or content or other information transmitted by you to DIVE Studios or any other Person; (iv) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any Person’s rights, including, but not limited to, any intellectual property rights or rights of privacy and publicity. The applicable DIVE Studios Parties shall promptly notify you in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such claim) and give you the opportunity to defend or settle such claim at your sole cost and expense; provided, however, you shall not settle any such claim without the applicable DIVE Studios Parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the DIVE Studios Parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the DIVE Studios Parties will cooperate with you, at your sole cost and expense, in defending or settling such claim.Platform Access Requirements; Errors and Corrections; Updates and MaintenanceAccess to and use of the Platform requires a compatible mobile device, such as a smartphone or a tablet, and Internet connection. Although DIVE Studios endeavors to ensure that the Platform is compatible across various devices, DIVE Studios cannot guarantee that the Platform will work with all devices and hardware types.It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Platform may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and DIVE Studios accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, or operating system or settings and software).It is your responsibility to pay for all costs and expenses that you may incur while using the Platform (including, but not limited to, all telephone call or line charges or Internet data service access charges).DIVE Studios does not represent or warrant that the Platform or Platform Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Platform or Platform Content will always be accessible. DIVE Studios does not warrant or represent that the Platform Content will be correct, accurate, timely, or otherwise reliable. Your access to the Platform may be interfered with by numerous factors outside of DIVE Studios’ control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. DIVE Studios is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Platform. Additionally, perfect security does not exist on the Internet; DIVE Studios cannot and does not guarantee that any Registration Data, or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Platform will not become public under any circumstances.DIVE Studios may in the future update the Platform, or any portion thereof, to change the Platform Content and/or features thereof at any time (an “Update”). DIVE Studios shall not be liable to any User in any way as a result of any temporary suspension of the Platform, or portions thereof (including any Content), arising from or in connection with an Update. Furthermore, DIVE Studios is under no obligation to undergo an Update to the extent any Platform Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.PrivacyYour privacy is very important to DIVE Studios. To understand DIVE Studios’ practices, please review DIVE Studios’ Privacy Policy, which is incorporated by reference into these Terms and Conditions of Use and also governs your use of the Platform. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.Governing Law and Jurisdiction; DisputesThese Terms and Conditions of Use are governed by and construed in accordance with the internal law of the State of California without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to these Terms and Conditions of Use or your use of the Platform shall be adjudicated exclusively in either the state courts situated in Los Angeles County, California or the United States District Court for the Central District of California and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.You agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to these Terms and Conditions of Use or your use of the Platform must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.AssignmentDIVE Studios may assign, subcontract, or otherwise transfer any or all of its rights and/or obligations under these Terms and Conditions of Use to any Person. You may not assign or transfer your rights or obligations under these Terms and Conditions of Use to any Person.Waiver and Severability of Terms; Entire AgreementFailure by DIVE Studios to enforce any provision(s) of these Terms and Conditions of Use will not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms and Conditions of Use incorporate by reference any notices contained on the Platform and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Platform, Platform Content, Interactive Functionalities and Voice Messaging Feature (as applicable).ContactQuestions or comments about the Platform or DIVE Studios’ services or these Terms and Conditions of Use should be sent by email to support@getmindset.com. --- Mindset BY DIVE STUDIOSPRIVACY POLICYEffective as of: February 2, 2022Your privacy is very important to DIVE Studios. This Privacy Policy describes how Creators Collective, Inc., a Delaware corporation doing business as DIVE Studios (“DIVE Studios”, “we”, “us” or “our”) handles personal information we collect through our digital properties that link to this Privacy Policy, including our websites and the MINDSET by DIVE Studios mobile application and web application (collectively, the "Platform"). This Privacy Policy describes the information DIVE Studios collects from you through the Platform, how DIVE Studios uses that information, and its legal basis for doing so. It also covers whether and how that information may be shared and your rights and choices regarding the information you provide to DIVE Studios.By accessing and using the Platform you are accepting the practices described in this Privacy Policy (including new versions of this Privacy Policy when and as they go into effect). If you create an Account with MINDSET by DIVE Studios, you accept the MINDSET by DIVE Studios Terms and Conditions of Use, which governs this Privacy Policy and contains all disclaimers of warranties and limitation of liabilities, and which constitutes a legally binding agreement between DIVE Studios and each individual, corporation, limited liability company, partnership, association, or other entity or party (a “Person”) that accesses or uses the Platform (collectively, “Users,” and each, a “User”, “you” or “your”). Capitalized words not defined in this Privacy Policy are defined in the Terms and Conditions of Use for the MINDSET by DIVE Studios application.Personal Information DIVE Studios Collects and ReceivesPersonal Information we collect may include:Contact Information, such as your name and email address.Profile Information, such as your profile name and profile picture and a username and password you generate when creating an Account.Demographic Information, such as your city, state, country of residence, postal code, and birth date.Device Information, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, Internet Protocol (IP) address, and unique device identifiers.Location Information. With your permission, DIVE Studios may collect Global Positioning System (GPS) data and mobile device location information. If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device.Transactional Information, including details of any requests or transactions you make through the Platform, such as the purchase of Premium Episodes, which is facilitated by DIVE Studios’ payment processing partners, Stripe and Paypal, in which case the payment information you submit will be collected and used by the payment processor in accordance with its privacy policy.Usage Information, including the times and dates and the extent of your usage of the Platform; time zone, language, screen resolution, and other usage preferences you select when using the Platform; device keyboard settings usage history such as areas and pages within the Platform that you access or use and/or which buttons on the Platform you click on; the search terms you entered into a search engine that may have led you to the Platform; the Internet service provider (ISP) or mobile platform you use, and other device and Platform access information such as your browser type, operating system, and referring/exit pages.Communications. Communications you send to DIVE Studios, such as when you request support or a refund of a purchase of a Premium Episode, submit comments or questions to DIVE Studios, or report a problem to DIVE Studios.Marketing Information, such as your preferences for receiving our marketing communications and details about your engagement with them.User-generated content, such as profile pictures, photos, images, music, videos, comments, questions, messages, works of authorship, and other content or information that you generate, transmit, or otherwise make available on the Platform, as well as associated metadata. Metadata includes information about how, when, where and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.Text LinkDIVE Studios also collects and maintains aggregated, anonymized, or pseudonymized information to protect the safety and security of the Platform, improve the Platform, or comply with its legal obligations.You may decline to provide DIVE Studios with some or all of your information. However, this will limit, or in certain cases prevent, your ability to use the Platform.Types of Cookies and other Tracking Technologies DIVE Studios UsesDIVE Studios may use the following technologies to collect personal information:Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends and “persistent cookies” that remain longer.Local storage technologies, like HTML5 and Flash, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened, or that certain content was viewed or clicked. For example, DIVE Studios will know how many Users access a specific Platform page, Episode, or Mindset and what Content they clicked on or streamed. DIVE Studios uses this aggregated information to understand and optimize how the Platform is used.We use these technologies for the following purposes:Security: DIVE Studios secures the Platform with cookies that facilitate security features and allow DIVE Studios to detect activity that might violate the Terms and Conditions of Use, such as unauthorized Account access or Platform activity.Localization: Some cookies help DIVE Studios provide localized experiences, such as displaying the Platform in the local language.Site Features and Services: Certain cookies provide greater functionality to the Platform and help DIVE Studios deliver our products and services.Performance: DIVE Studios uses performance cookies to help route traffic between servers and understand how the Platform is performing so DIVE Studios can provide Users with the best experience possible.Analytics and Research: Cookies and other technologies also help DIVE Studios to understand, improve, and research features and content on the Platform, such as by using Google Analytics, which you can opt out of at https://tools.google.com/dlpage/gaoptout.Marketing and Online Behavioral Advertising. These technologies may help us deliver advertisements, including targeted advertisements, and track the performance of those advertisements.Limiting or Blocking Cookies and Our Do Not Track PolicyYour browser may give you the ability to control cookies, which may depend on the type of cookie, and browsers can be set to reject browser cookies. However, blocking or deleting cookies may prevent you from using most of the Platform.Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. If you block cookies, certain features on the Platform may not work. If you block or reject cookies, not all of the tracking described in this Privacy Policy will necessarily stop.Note that certain options you select are specific to certain browsers and devices.Social Media Plug-insDIVE Studios may implement the use of certain social media plug-ins (e.g., Facebook, Twitter, YouTube) to allow you to communicate with such services and interact with (e.g., “like” or “comment”) various Platform Content. The social media plug-in, if and when implemented, will enable a direct communication between your end user device and the servers of the applicable social media provider, allowing the applicable social media provider to communicate with you and collect information about you browsing the Platform. This processing is based on Article 6, Section 1(f) of the EU general data protection regulation 2016/679 (“GDPR”) and represents DIVE Studios’ legitimate interest to improve the User experience and to optimize those services and functionalities offered via the Platform. If you decide to use a social media plug-in that DIVE Studios implements on the Platform, DIVE Studios may transfer your personal data, whether or not you have a registered user account with the applicable social media provider. DIVE Studios is not responsible for the content and the data collection on respective third-party websites or apps. DIVE Studios does not control the extent of personal information collected by the respective plug-in provider nor does it know the processing’s purpose or the period your personal information will be retained. For further information about how and for what purpose certain social network providers process your data, please see the relevant privacy policies of the three main social network providers, and their notification when you connect to the social network in question.Facebook: Facebook, Inc., Attention: Privacy Operations, 1601 Willow Road, Menlo Park, California 94025, USA https://www.facebook.com/policy.phpTwitter: Twitter, Inc., Attention: Privacy Policy Inquiry, 1355 Market Street, Suite 900 San Francisco, California 94103, USA https://twitter.com/en/privacyYouTube: Google LLC d/b/a YouTube, 901 Cherry Avenue, San Bruno, California 94066, USA https://policies.google.com/privacyHow DIVE Studios Uses the Information It CollectsDIVE Studios uses the personal information it collects for the following purposes:Platform Delivery. We may use your personal information to: enable DIVE Studios to provide you and other Users with the Platform; improve and promote the Platform and services, including Episodes; and communicate with you about the Platform, such as addressing inquiries, and responding to customer service requests, questions, and comments.Research and development. We may use your personal information for research and development purposes, including to track and analyze use of the Platform and DIVE Studios’ services, such as to identify trends and conduct data analysis to improve our performance and provide Users with the best experience possible.Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes. For example, we may send you newsletters, offers, promotions, and other product specials or communications to customize your experience on the Platform and to determine the effectiveness of marketing and promotion efforts. We and our third-party advertising partner may use cookies and similar technologies to collect information, including information about your use of the Platform, and use it to serve online ads that may interest you. This is called interest-based advertising. We may also share information about our users with these companies to facilitate interest-based advertising.Compliance and protection. We may use your personal information to:protect the Platform;maintain security and to enforce the Terms and Conditions of Use and comply with applicable law, such as to respond to subpoenas or requests from government authorities; andtake steps that DIVE Studios believes are necessary to protect its rights, property, and the rights of other Persons, or as otherwise described to you at the time of collection.How DIVE Studios Shares the Personal Information It CollectsWe may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection. Affiliates. Our corporate parent, subsidiaries, and affiliates.Service Providers. Third parties that provide services on our behalf or help us operate the Platform or our business (such as hosting, information technology, customer support, email delivery, marketing, customer research and website analytics). See below for more details about how we share personal information with service providers.Business and marketing partners. Third parties with whom we co-sponsor events or promotions, with whom we jointly offer products or services, or whose products or services may be of interest to you.Linked third-party services. If you log into the Platform with, or otherwise link your Platform account to, a social media or other third-party services, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account at the third-party service.Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above. See the “Information DIVE Studios Shares to Protect DIVE Studios and Comply with the Law” section below for more information regarding how we share personal information with these parties.Business transferees. In the event that DIVE Studios is acquired by or merged with a third-party Person, or sells all or substantially all of its assets, DIVE Studios reserves the right, in any of these circumstances, to transfer or assign to such acquirer the information and content it has collected from Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, DIVE Studios may not be able to control how your personal information is treated, transferred, or used.Other users and the public. Content you provide on the Platform may be visible to other users of the Platform and the public. For example, when you engage with interactive features (e.g. posting comments to episodes), Creators and all other Users will be able to view such engagements, which will be attributed to you through your username. When you use the Voice Messaging Feature, the Creator with whom you are chatting will be able to view/listen to your messages and nothing in this Privacy Policy or the Terms and Conditions of Use places any obligations on Creators or guarantees any protections to you with respect to the information shared via the Voice Messaging Feature, which is at your own risk. DIVE Studios will also maintain records of, and will be able to access, such Voice Messaging Feature messages. Users should not engage with Interactive Functionalities or communicate through the Voice Messaging Feature any information, including, without limitation, personal information, that they do not want to be publicly accessible or viewable.Information DIVE Studios Shares with Trusted Third-Party Service Providers‍DIVE Studios may share certain information pertaining to you with certain trusted third-party service providers to help provide, improve, promote, or protect the Platform, such as when DIVE Studios partners with payment processors, such as Stripe, Inc., or use services to help manage ads on other websites. When DIVE Studios shares data with third-party Persons to help deliver the Platform and DIVE Studios’ services, DIVE Studios requires those service providers to use your information only for the purposes DIVE Studios has authorized and to takes reasonable steps to ensure that the third parties protect your personal information with at least to the same standards DIVE Studios does. DIVE Studios may also share information that is aggregated and anonymized in a way that it does not directly identify you.Information DIVE Studios Shares to Protect DIVE Studios and Comply with the Law‍DIVE Studios reserves the right to disclose information DIVE Studios collects from or about you when doing so is reasonably necessary to comply with the law or valid law enforcement requests, to prevent fraud or abuse, or to protect DIVE Studios’ legal rights, property, or the safety of DIVE Studios, Users (including Creators), or other Persons. You hereby authorize DIVE Studios to share or disclose your personal information, including, without limitation, any content, records, or electronic communications of any kind (including those transmitted through the Voice Messaging Feature), when DIVE Studios determines, in its sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if and to the extent:You are or may be violating the Terms and Conditions of Use or this Privacy Policy;You are or may be interfering with the rights or property of DIVE Studios or a third-party (including any Creator);You are or may be violating any applicable law, rule, or regulation;Necessary or required by any applicable law, rule, or regulation; and/orRequested by governmental authorities in the event of any investigation, act of terrorism, or instance of local, regional, or national emergency.California privacy rights noticeThis section provides additional details about the personal information DIVE Studios may collect about California residents and the rights afforded to them under California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018 (“CCPA”). For purposes of this section, the term “Personal Information” has the meaning given in the CCPA and does not include information exempted from the scope of the CCPA. California-resident Users who wish to request further information about our compliance with the CCPA or who have questions more generally about our Privacy Policy or the CCPA and our privacy commitments to our Users should not hesitate to contact DIVE Studios at support@getmindset.com.Your California privacy rights. California residents have the rights listed below under the CCPA. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months:- The categories of Personal Information that we have collected.- The categories of sources from which we collected Personal Information.- The business or commercial purpose for collecting and/or selling Personal Information.- The categories of third parties with which we share Personal Information.- The categories of Personal Information that we sold or disclosed for a business purpose.- The categories of third parties to whom the Personal Information was sold or disclosed for a business purpose.Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.Deletion.  You can ask us to delete the Personal Information that we have collected from you.Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.Exercising your right to information, access and deletion. You may submit requests to exercise your right to information, access or deletion via email to support@getmindset.com; you can also submit a request to delete through the Mindset application (this can be done by going to the settings menu, account settings, delete account).We will need to verify your identity to process your information, access and deletion requests and reserve the right to confirm your California residency. To verify your identity, we may require government identification, a declaration under penalty of perjury or other information. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to California Probate Code Sections 4000-4465. If you have not provided your agent with such a power of attorney, you must provide your agent with written and signed permission to exercise your CCPA rights on your behalf, provide the information we request to verify your identity, and provide us with confirmation that you have given the authorized agent permission to submit the request.Personal Information that we collect, use and disclose. The list below summarizes our practices currently and during the past 12 months with respect to the Personal Information specified in the CCPA (Cal. Civ. Code § 1798.140). We do not sell your personal information. During the 12 months preceding the effective date of this privacy policy, we used services to help deliver interest-based advertisements to you (web pixels), which may be classified as a “sale” of personal information as broadly defined under the CCPA. Please see the sections above for more information regarding the categories referenced in this list. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below.Identifiers (excluding online identifiers):Categories: Contact Information, Profile Information, CommunicationsSources: You, Third-Party SourcesPurposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesOnline Identifiers:Categories: Device Information, Demographic Information, Usage InformationSources: You, Automatic Collection, Third-Party SourcesPurposes: Platform Delivery, Research and Development, Marketing and Advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesCalifornia Customer Records:Categories: Contact Information, Device Information, Usage Information, Communications, Marketing InformationSources: You, Automatic Collection, Third-Party Sources Purposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesCommercial Information: Categories: Transactional Information, Usage InformationSources: You, Automatic Collection, Third-Party Sources Purposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesFinancial Information:Categories: Payment InformationSources: YouPurposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Professional advisors, Authorities and others, Business transfereesInternet or Network Information:Categories: Usage Information, Marketing InformationSources: Automatic Collection, Third-Party Sources Purposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesInferences:Categories: May be derived from the information listed abovePurposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Professional advisors, Authorities and others, Business transfereesProtected Classification CharacteristicsCategories: Demographic Information (age)Sources: You Purposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesSensory InformationCategories: Audio Recordings, User-generated contentSources: You Purposes: Platform Delivery, Research and Development, Marketing and advertising, Compliance and ProtectionThird parties with whom we share: Affiliates, Service Providers, Business and marketing partners, Linked third-party services, Professional advisors, Authorities and others, Business transfereesEuropean UsersThe information provided in this “European Users” section only applies to individuals in the United Kingdom, Switzerland, and the European Economic Area (hereafter collectively referred to as “Europe”).EU/UK Representative. Our data protection representative in the European Union/United Kingdom is DataRep. If you want to raise a question regarding our data practices or otherwise exercise your rights in respect of your personal data in the European Union/United Kingdom, you may do so by (i) sending an email to DataRep at datarequest@datarep.com and quoting “Creative Collective, Inc.” in the subject line or (ii) contacting DataRep on its online webform at www.datarep.com/data-request and specifying “Creative Collective, Inc. as the controlling organization. Legal bases for processing. European Union data protection law requires a “lawful basis” for collecting and retaining personal information from citizens or residents of the European Economic Area. DIVE Studios’ lawful bases include:Consent: In certain cases, you have affirmatively provided DIVE Studios with your consent to collect your personal data for a specific purpose, such as when you register for an Account.Contract: DIVE Studios may need your personal data to comply with contractual obligations to deliver the Platform, such as fulfilling transactions or subscriptions made through the Platform.Legal Obligations: Sometimes the law requires the collection and use of your data, such as applicable tax laws may require DIVE Studios to retain records of payments made through the Platform.Legitimate Interests: This is a technical term that means DIVE Studios has a good and fair reason to use your data and in ways which do not harm your interests and rights, such as to pursue DIVE Studios’ legitimate interests in a way that might reasonably be expected as part of running its business and that does not materially impact your rights, freedom, or interests. For example, DIVE Studios uses identity, device, and location information to prevent fraud and abuse and to keep the Platform secure, may also send you promotional communications about the Platform and services, including Episodes or Mindsets, subject to your right to opt out, analyze how Users interact with the Platform so DIVE Studios can understand better what elements do or do not work well, thereby facilitating improvements and developments in the quality of the online experience for all Users.As far as DIVE Studios processes your personal information on the basis of its legitimate interests, you can object to processing at any time. You can find a detailed description of DIVE Studios’ processing activities and the legal basis herein. If you object to such processing, DIVE Studios will ask you to state the grounds of your objection to examine the processing of your personal information and decide whether to adjust the processing accordingly.Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the services, or otherwise to us.If you provide us with any sensitive personal information to us when you use the services, you must consent to our processing and use of such sensitive personal information in accordance with this Privacy Policy. If you do not consent to our processing and use of such sensitive personal information, you must not submit such sensitive personal information through our services.Your rights. European data protection laws give you certain rights regarding your personal information. If you are located in Europe, you may ask us to take the following actions in relation to your personal information that we hold:Access. Provide you with information about our processing of your personal information and give you access to your personal information.Correct. Update or correct inaccuracies in your personal information.Delete. Delete your personal information.Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.Restrict. Restrict the processing of your personal information.Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.You may submit these requests by email to support@getmindset.com or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here.Cross-border data transfer. If we transfer your personal information from Europe to another country such that we are required to apply appropriate safeguards to your personal information under European data protection laws, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied.Links to Other Platforms and ServicesThe Platform may include links to websites or services whose privacy practices may differ from DIVE Studios’ privacy practices as described in this Privacy Policy. When you click or otherwise use a link to an external website or service, the privacy policy and data processing disclosures for that website or service, and not this Privacy Policy, govern.Data RetentionDIVE Studios will retain the information collected from or about you as long as necessary to provide you with the Platform or DIVE Studios’ services, or as otherwise set forth in this Privacy Policy, and to the extent set out in this Privacy Policy and as necessary to comply with DIVE Studios’ legal obligations, resolve disputes, enforce our agreements, and protect DIVE Studios’ legal rights. Additionally, DIVE Studios may retain indefinitely any aggregated, anonymized, or pseudonymized information collected, and may from time to time transfer or merge your information collected off-line to our online databases or store off-line information in an electronic format.Cross-Border Data TransfersDIVE Studios is based in the United States so your information will be collected and processed in the United States, which has its own laws governing data protection and access to it, including by the government. If you reside outside of the United States, be advised that the rules that protect your personal information under United States federal, state, and local law may differ from those of your home country.Children’s Privacy‍The privacy of children is of the utmost importance, and DIVE Studios is committed to complying with the federal Children’s Online Privacy Protection Act (COPPA). DIVE Studios does not knowingly collect, use, or disclose personal information from children under the age of thirteen (13). If DIVE Studios ever discovers that it has inadvertently collected personal information from a child under the age of thirteen (13) on or through the Platform, DIVE Studios will delete it from its records as soon as possible. If you are a parent or legal guardian of a child under the age of thirteen (13) and believe that DIVE Studios has collected personal information from your child, email us immediately at support@getmindset.com, and DIVE Studios will take steps to delete such personal information from its records as soon as possible.Email Notifications‍DIVE Studios want to communicate with you only if you want to hear from us. DIVE Studios may send you email relating to your transactions on or through the Platform. You may also elect to receive certain marketing email communications, including with respect to certain Creators or Mindsets, from which you may opt out at any time. DIVE Studios will also send you service-related announcements when and as necessary. DIVE Studios will try to keep emails to a minimum.DIVE Studios maintains a strict no-spam policy. DIVE Studios will not use false or misleading subjects or email addresses, identify the message as an advertisement in a reasonable way, include DIVE Studios’ physical address, monitor third-party email marketing services for compliance, honor opt-out/unsubscribe requests quickly, and allow Users to unsubscribe by using the link at the bottom of each email.If you are having problems unsubscribing, contact DIVE Studios at support@getmindset.com by forwarding the email communication and including the word “Unsubscribe” in the subject line and DIVE Studios will use reasonable efforts to remove you within seven (7) business days. Please note that DIVE Studios will not process any unsubscribe requests submitted as direct replies to any newsletter.SecurityWe employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.Updates to this Privacy Policy‍DIVE Studios may change the terms of this Privacy Policy at any time. Whenever DIVE Studios makes a material change, DIVE Studios will take appropriate action to notify you, such as by posting on the Platform or sending you an email. The effective date of the most recent version of this Privacy Policy will appear at the top of this page. New versions of this Privacy Policy will never apply retroactively.Contact‍Questions or comments about this Privacy Policy should be sent by email to support@getmindset.com or mail to 700 North San Vicente Boulevard, 7th Floor, Los Angeles, California 90069.