Terms of service
These Terms of Service (the "Terms") is an agreement between you or the entity you represent ("you," "your," or “user”) and Mirrocool, Inc., a company governed by the laws of State of California, USA (the "Company", "we," “our,” or "us"). You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our device MirroCool (hereinafter referred to as the “Product”), website www.mirrocool.com/terms.php, mobile application associated with it and services we provide, namely providing cloud storage MirroCloud (hereinafter collectively referred to as the “Services”). MirroCool is a state of the art mirror equipped with microcomputer and camera, which is connected to the cloud via wireless network connection.
The Services are available only to individuals, who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under the applicable law. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
YOUR ACCOUNT AND IDENTITY
Your Account. In order to use the Services, you must (i) register for an account on our website or the mobile application (“Account”), and (ii) provide certain information about yourself as requested by the Company in the online registration form. You may register for an account using your login information for third-party services such as Facebook, Twitter, Google, and Instagram. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Product and Services does not violate any applicable laws, and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.
You may delete your Account at any time, for any reason. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
END-USER LICENSE AGREEMENT
License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non- transferable and non-exclusive license of the right to use the Services.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Product or Services; (c) you shall not access the Serives in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on the Product or in the Services. Any future release, update, or other addition to any of functionalities of the Services shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Services to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Services (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Product or Services.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Services or any part thereof.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Product and Services (excluding your Content, as defined below). The Services are licensed to you; this means that the Services are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Services. Our name, logo, and other names associated with the Product and Services belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
Content. “Content” shall mean any and all content (including, but not limited to, images, videos, messages, calendar events) that a user uploads to the Services. You are solely responsible for your Content. In accordance with the Digital Millennium Copyright Act (DMCA) you must own the rights to your Content that you upload to the Services. You assume all risks associated with the use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable.
You agree not to use the Services to upload, distribute, or otherwise use any Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation, or contractual obligations.
The Company is not responsible for and do not control any Content. The Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any Content. You interact with other Services users and use any Content at your own risk.
Pricing and Subscription Plans. You may always find the information on the pricing of the Product, delivery, extended two-year warranty on the use of the Product, and subscription plans on our website. Enjoying our website or mobile application is free of charge, however, Mirrocloud service requires a paid subscription. With regard to Mirrocloud service, your credit/debit card or PayPal account on file will be automatically charged the relevant fee every billing cycle. If you cancel a payment or initiate an improper chargeback your Account may be suspended. Please note that there may be certain orders that we may reject or cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. You will be notified about any such refusal or cancellation.
Cancellation of a Subscription Plan. You may cancel your subscription plan for Mirrocloud service via your Account at any time and for any reason. All the fees are non-refundable, however, if you cancel a subscription plan, you will enjoy the service until the end of the billing cycle.
THIRD-PARTY WEBSITES AND ADS
WARRANTIES & DISCLAIMERS
Disclaimers and No Warranty. The Services are provided on “as is” and “as available” basis and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company (and our suppliers) makes no warranty that the Product or Services: (a) will meet your requirements; (b) will be available or work on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Standard Limited Warranty. We offer a one-year standard limited warranty on the Product. We agree to repair any defects or replace the defective Product or any part thereof with a new or remanufactured equivalent at no charge to you if the defect occurs within the first year of your purchase.
Extended Warranty. We offer a two-year extended warranty on the Product for an additional fee. Please check the pricing on our website or mobile application.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PRODUCT OR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE PRODUCT OR SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend us, indemnify us and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Product and/or Services, (ii) your Content, (iii) your violation of these Terms, or (iv) any claim, judgment, or adjudication that any Service or action or omission by you infringes proprietary rights or other rights of any third party or any other Services user
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.
Termination. You may terminate these Terms at any time and for any reason by closing/deleting your Account. We may suspend your rights to use the Services and/or terminate these Terms, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.
Upon termination of these Terms, your Account and right to use the Services will automatically and immediately terminate. You understand that closure/termination of your Account involves deletion of your Content. We will not incur any liability whatsoever to you for any termination of these Terms, including for any termination of your Account or deletion of your Content. Termination shall not relieve you of the requirement to pay for any outstanding fees, which are non-refundable.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed/executed by a duly authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Product and/or Services. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting in the Services or (c) by you via email to email@example.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of State of California, USA without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California, USA for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.