Notwithstanding the above, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, service marks, attributions, patent, and other proprietary notices.
“MIRACLE MEDIA LLC”. Trademark Guidelines
By placing an order for any product or service through the Online Services, you represent that the products and/or services ordered will be used only in a lawful manner. “MIRACLE MEDIA LLC”. reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Online Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
YOUR PROVISION OF CONTACT AND ACCOUNT INFORMATION TO US
When you provide information about yourself to us, such as when you create a “MIRACLE MEDIA LLC”. Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any “MIRACLE MEDIA LLC” Account you establish and/or to refuse any or all current or future use of the Online Services or any portion thereof.
You understand that all information, data, or other materials that you or another user provide in connection with the Online Services or otherwise communicate to us (“User-Provided Content”), including, but not limited to, product reviews and content posted to any user forums we make available, are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is misleading, offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Online Services.
By submitting any User-Provided Content to “MIRACLE MEDIA LLC”., you represent and warrant that:
you own or control all rights to User Provide Content you post on the Online Services;
all “moral rights” that you may have in such content have been voluntarily waived by you;
you are at least 13 years old.
YOUR GRANT OF LICENSE TO “MIRACLE MEDIA LLC”. FOR USER-PROVIDED CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant us and our affiliates a perpetual, irrevocable, royalty-free, fully paid-up, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including but not limited to, in any unaffiliated third party content and in our or their publications, marketing material and advertisements. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of anyone.
“MIRACLE MEDIA LLC”. DISCRETION TO USE USER-PROVIDED CONTENT
All User-Provided Content that you submit may be used at “MIRACLE MEDIA LLC” sole discretion. “MIRACLE MEDIA LLC”. reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. “MIRACLE MEDIA LLC” does not guarantee that you will have any recourse through “MIRACLE MEDIA LLC”. to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of “MIRACLE MEDIA LLC” its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
You agree to comply with all laws, rules, and regulations applicable to your use of the Online Services. In addition, you agree not to:
upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Online Services;
upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services
attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services or bypass the authentication measures on the Online Services or any network connected to the Online Services;
use any automated means to collect information or content from or otherwise access the Online Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
harvest or otherwise collect and store information about other users of the Online Services, including e-mail addresses;
install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.
LINKS TO OTHER WEBSITES AND ONLINE SERVICES
For your convenience, the Online Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us.
These other websites and online services are not under our control, and you acknowledge and agree that we and our affiliated companies are not responsible or liable for the accuracy, collection or use or disclosure of information, copyright compliance, legality, decency, or any other aspect of such websites or online services or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.
LINKS TO OUR ONLINE SERVICES
Unless otherwise set forth in a written agreement between you and us, you must not include a link to any of our Online Services on any website or online service that you own, control, or operate except when complying with the following: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with any “MIRACLE MEDIA LLC” name or trademark, (ii) the link must take users directly to one of the Online Services without redirecting the user to any intermediate page, other than an interstitial that notifies users that they are leaving your website, (iii) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us, and (iv) when clicked on by a user, the link must display one of the Online Services in a full browser screen and not within a “frame” on the linking website. Notwithstanding compliance with the foregoing, we reserve the right to request that any person or entity remove a link to any portion of the Online Services at any time and in our sole discretion.
INFORMATION, NEWS, PRESS RELEASES, AND ILLUSTRATIONS
The Online Services may contain information about our company, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.
REGISTRATION AND PASSWORDS
The Online Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or “MIRACLE MEDIA LLC” Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or “MIRACLE MEDIA LLC” Account, or any other breach of security involving access to the Online Services through your “MIRACLE MEDIA LLC” Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or “MIRACLE MEDIA LLC” Account as a result of your failing to keep your “MIRACLE MEDIA LLC” Account information secure and confidential.
OPTIONAL OFFERS, PROMOTIONS AND FEATURES
We may offer or facilitate third party offers for you to participate in special offers such as rebates, coupons or other discount programs as well as promotions such as contests or sweepstakes on the Online Services or via third party platforms. These offers and promotions may require purchases or participation in surveys, and may be subject to separate and additional terms and conditions governing your participation and eligibility for any such programs.
OPERATION OF THE ONLINE SERVICES
DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES EXCEEDING $5 ARISING OUT OF YOUR USE OF THE ONLINE SERVICES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
CHOICE OF LAW AND JURISDICTION
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