Terms and Conditions
Effective Date: February 18, 2020
- Use of the Site. You must be at least 13 years old to use our Site. We do not knowingly collect or solicit personally identifiable information from individuals under 13. If you are under 13, please do not attempt to use the Site or send any personal information about yourself to us. If we learn we have collected personal information from an individual under 13, we will delete that information as quickly as possible. You will comply with all applicable laws, rules and regulations in connection with your use of the Site. You will not violate or attempt to violate the security of the Site or Miroculus’s systems or network security, including, without limitation by (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network. You may not “crawl,” “scrape,” or “spider” any portion of the Site (through use of manual or automated means).
- Information Not Confidential. If you choose to contact any Miroculus personnel using the contact information you find on the Site, you understand any information and/or materials you provide to such personnel will not be treated as confidential or proprietary. Miroculus undertakes no obligation to review information submitted by you, or to return such information to you.
- Miroculus Proprietary Rights. The Site, including all of its contents (including, text, images, audio, and the HTML used to generate the pages) (“Content”), are the property of Miroculus or that of our suppliers or licensors and are protected trademark, copyright, and/or other intellectual property laws. You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without prior written consent from Miroculus. Miroculus grants you a limited, personal, non-exclusive, non-transferable license to access the Site, and to use the Content, solely for personal, internal and non-commercial purposes. Miroculus (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein. Without limiting the foregoing, as between you and Miroculus, Miroculus is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any Miroculus Mark. You may not use or exploit any Marks without prior written consent from Miroculus.
- First and last name
- Email address
- Company name
- Company address
- Phone number
Miroculus will also collect information during your visit to the Site through automatic data collection tools, including: • IP address • Device identifiers and information • Web browser information • Page view statistics • Browsing history • Usage information • Log data (e.g. access times, hardware and software information) • Cookies and certain other tracking technologies (e.g., web beacons, pixel tags, SDKs, etc.) – for additional information about cookies, see below Miroculus may freely use this information for its business purposes, and may disclose such information, in a form that does not personally identify you, to any other person or entity. We may share statistical or aggregated non-personal information about our users with business partners, sponsors and other third parties. Miroculus may occasionally send you marketing information like updates on promotions and events relating to products and services offered by us where we have assessed that it is beneficial to you as a customer and in Miroculus’ interests; if you do not want to receive further emails from us, please click the “unsubscribe” link in any such message. Miroculus may also share any information (personally identifiable or otherwise) it may have collected if Miroculus believes it is necessary to (a) comply with law or court order or (b) protect and/or defend Miroculus’ rights, safety, or property, or those of any other person or entity. If we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, personal information collected as described in these Terms could be one of the assets transferred to or acquired by a third party. The Site is not directed to children and if you are under 13, you may not provide Miroculus with any personally identifiable information about you whatsoever. If Miroculus discovers it has collected any personally identifiable information regarding a child under 13, without verifiable parental consent in accordance with the Children’s Online Privacy Protection Act, Miroculus will immediately delete such information.
- Additional Information about Cookies. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features on our Site are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Through these Cookies, we may collect information about your online activity after you leave our Site. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites. Because we collect browsing and persistent identifier data, the Site does not support Do Not Track requests at this time, which means that we may collect information about your online activity both while you are using the Site and after you leave our properties.
- Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MIROCULUS (ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS) HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. NO ADVICE, RESULTS, INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of Liability. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MIROCULUS, ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “MIROCULUS PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY MIROCULUS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY MIROCULUS PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $100.00.
- General Information. These Terms are governed by the laws of the State of California, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of San Francisco County, California. The failure of Miroculus to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You may not assign these Terms or transfer any of your rights or obligations hereunder without Miroculus’ express written consent. These Terms inure to the benefit of Miroculus’ successors, assigns and licensees. These Terms are the entire agreement between you and Miroculus with respect to the subject matter herein.