Mirifice Website Terms And Conditions
1. Copyrights.
Copyrights. All content included on this Website, such as Mirifice™ Trademarks,
text, graphics, logos, button icons, and images, is the property of Mirifice™ or
its content suppliers and protected by UK, U.S. and international copyright laws. Except
where indicated otherwise, the content on this Website may only be used as an informational
resource for personal, non-commercial use. Any other use, including the framing, reproduction,
modification, distribution, transmission, republication, or display of the content on
this Website is strictly prohibited.
2. Client Responsibilities.
2.1 Authorised Use. You agree not to authorise any third party without specific Mirifice™ agreement
to: (i) modify or copy in whole or in part the Trademarks; (ii) rent, lease, sell, transfer,
or further sub license the Trademarks or Mirifice™ Services or; (iii) reproduce
or distribute the Trademarks other than as specifically authorised in this Section.
2.2 Privacy Policy. Please see privacy policy at foot of page.
2.3 Linking. Other users and Websites may include a link to Mirifice's Website by pointing
to Mirifice's homepage (http://www.Mirifice.com or www.Mirifice.com) only. Linking to
other content within Mirifice's Website is prohibited without Mirifice's express written
permission. Mirifice is in no way responsible for the content of any third party Website
linked to Mirifice's Website via hyperlink, whether such hyperlink is provided by Mirifice
or by a third party. No judgement or warranty is made with respect to the accuracy, timeliness,
or suitability of the content of any Website to which this Website may link, nor is Mirifice
endorsing services provided by any third party Website's sponsoring organization, and
Mirifice takes no responsibility therefore. Under no circumstances will Mirifice be held
liable for any computer viruses, system failure or malfunction that may occur during
hyperlink to third party Websites.
3. Indemnity.
You agree to defend and hold Mirifice and its directors, officers, employees, consultants
or agents ("Affiliates") harmless from and against any and all claims, judgements,
damages, losses, costs, expenses, obligations, liabilities (including reasonable attorney's
fees and costs) resulting from any breach of this Agreement.
4. General Disclaimer; Content Disclaimer.
THE TRADEMARKS AND THE Mirifice SERVICES ARE PROVIDED "AS IS," AND MAY CONTAIN
ERRORS OR INACCURACIES. YOU USE THE TRADEMARKS AND MIRIFICE SERVICES AT YOUR OWN RISK.
MIRIFICE HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT.
5. Limitation of Liability.
IN NO EVENT SHALL MIRIFICE BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY
CLAIM, LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH: (i) THE DEFICIENCY
OR INADEQUACY OF THE TRADEMARKS OR MIRIFICE SERVICES FOR ANY PURPOSE WHETHER OR NOT
KNOWN OR DISCLOSED TO YOU; (ii) USE OF THE TRADEMARKS OR THE AVAILABILITY OF THE MIRIFICE
SERVICES; OR (iii) THE ACCURACY OF THE TRADEMARKS OR ERROR-FREE OPERATION OF THE MIRIFICE
SERVICES. MIRIFICE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA
OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IRRESPECTIVE
OF WHETHER MIRIFICE HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING
WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND OTHER TORTS. MIRIFICE'S LIABILITY FOR CLAIMS ARISING OUT OF
THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY THE USER TO MIRIFICE
IN THE PAST 12 MONTHS.
6. Miscellaneous.
6.1 Applicable Law. This Agreement will be governed by and construed in accordance with
the laws of England.
6.2 Severability. In the event that any provision of this Agreement is found by a court
of competent jurisdiction to be unenforceable, that provision shall be construed so as
to give closest effect to the intent of the parties, and the remaining portions of this
Agreement shall remain in full force and effect.
6.3 Relationship. Nothing contained in this Agreement shall be construed as creating
a joint venture, partnership, agent or employment relationship between you and Mirifice.
6.4 Waiver. The failure by Mirifice to enforce any section of this Agreement shall not
be construed as a waiver of such provisions or of the right to enforce that, or any other,
provision of this Agreement. No waiver will be construed as a continuing waiver.
6.5 Modification. Mirifice reserves the right, at our discretion, to change, modify,
add, or remove portions of these Terms at any time without prior notification. In addition,
when using a particular Mirifice service, you and Mirifice shall be subject to any posted
guidelines or rules applicable to such service which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the Terms. Mirifice
may terminate, change, suspend or discontinue any aspect of the Mirifice Website, including
the availability of any features of the Website or Mirifice services, at any time. Mirifice
may also impose limits on certain features and services or restrict your access to parts
or all of the Website without notice or liability.
6.6 Complete Agreement. This Agreement represents the sole and exclusive Agreement between
you and Mirifice regarding the subject matter of this Agreement. The parties may amend
this Agreement at any time via a written instrument signed by both of them.
6.7 No Assignment. You may not assign any of your rights or obligations under this Agreement.
Any attempted assignment in derogation of this Section shall be null and void.
Privacy Policy
Mirifice is committed to safeguarding your privacy online.
When you provide us with your contact details, the information is stored by us on your
request to keep you informed about Mirifice products, support and services. The information
may also be used for billing and account management and research purposes.
Further, Mirifice will not knowingly engage in supporting any use which is illegal or
which contravenes the laws or common practice in the country of the user's origin.
For further information about Mirifice and your privacy, please contact us.