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Acceptance of the Terms of Use
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These terms of use are entered into by and between You and MIIMU LLC, a Florida limited liability company (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of miimu.com and our mobile application and widgets, including any content, functionality, and services offered on or through such platforms (together, the “Platforms”), whether as a guest or a registered user, and your access to and use of the Services. “Services” include personalized services on the Platforms with social and interactive features for capturing, organizing, and sharing the online content that you might care about and find relevant and interesting to you based on your onsite and offsite activities and for accessing content or other material.
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Please read the Terms of Use carefully before you start to use the Platforms and/or the Services. By using the Platforms and/or the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here (the “Privacy Policy”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platforms and/or the Services.
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The Platforms and/or the Services are offered and available to users who can form a legally binding contract with us. By using any of the Platforms and/or the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use any of the Platforms and/or the Services.
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Changes to the Terms of Use
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We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of any of the Platforms and/or the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on any of the Platforms.
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Your continued use of any of the Platforms and/or the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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Accessing the Platforms and/or the Services and Account Security
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We reserve the right to withdraw or amend the Platforms and/or the Services, and any service or material we provide on the Platforms and/or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of any of the Platforms and/or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of any of the Platforms and/or the Services, or all Platforms and/or the Services, to users, including registered users.
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You are responsible for both:
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\n- Making all arrangements necessary for you to have access to any of the Platforms and/or the Services.
\n- Ensuring that all persons who access any of the Platforms and/or the Services through your internet connection are aware of these Terms of Use and comply with them.
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To access any of the Platforms and/or the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of any of the Platforms and/or the Services that all the information you provide on the Platforms and/or through the Services is correct, current, and complete. You agree that all information you provide to register with any of the Platforms and/or in connection with the Services or otherwise, including, but not limited to, through the use of any interactive features on any of the Platforms and/or the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any of the Platforms and/or the Services or portions of either using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
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We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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Intellectual Property Rights
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The Platforms and/or the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
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These Terms of Use permit you to use the Platforms and/or the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platforms and/or in connection with the Services, except as follows:
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\n- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
\n- You may store files that are automatically cached by your Web browser for display enhancement purposes.
\n- You may print or download one copy of a reasonable number of pages of the Platforms for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
\n- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
\n- If we provide social media features with certain content, you may take such actions as are enabled by such features.
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You must not:
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\n- Modify copies of any materials from this site.
\n- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
\n- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
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You must not access or use for any commercial purposes any part of the Platforms and/or the Services or any services or materials available through the Platforms and/or the Services.
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If you wish to make any use of material on the Platforms and/or the Services other than as set out in this section, please address your request to: info@epfr.com.
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If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platforms and/or the Services in breach of the Terms of Use, your right to use the Platforms and/or the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platforms and/or the Services or any content on the Platforms and/or the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platforms and/or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
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Trademarks
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The Company name, the terms “Miimu”, “Miimu LLC”, “Miimu it”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platforms and/or in connection with the Services are the trademarks of their respective owners.
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Prohibited Uses
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You may use the Platforms and/or the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platforms and/or the Services:
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\n- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
\n- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
\n- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
\n- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
\n- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
\n- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platforms and/or the Services, or which, as determined by us, may harm the Company or users of the Platforms and/or the Services, or expose them to liability.
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Additionally, you agree not to:
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\n- Use the Platforms and/or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platforms and/or the Services, including their ability to engage in real time activities through the Platforms and/or the Services.
\n- Use any robot, spider, or other automatic device, process, or means to access the Platforms and/or the Services for any purpose, including monitoring or copying any of the material on the Platforms and/or associated with the Services.
\n- Use any manual process to monitor or copy any of the material on the Platforms and/or associated with the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
\n- Use any device, software, or routine that interferes with the proper working of the Platforms and/or the Services.
\n- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
\n- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platforms and/or the Services, the server on which the Platforms and/or the Services are stored, or any server, computer, or database connected to the Platforms and/or the Services.
\n- Attack the Platforms and/or the Services via a denial-of-service attack or a distributed denial-of-service attack.
\n- Otherwise attempt to interfere with the proper working of the Platforms and/or the Services.
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User Contributions
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The Platforms and/or the Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platforms and/or the Services.
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All User Contributions must comply with the standards set out in these Terms of Use.
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Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platforms and/or in connection with the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
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You represent and warrant that:
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\n- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
\n- All of your User Contributions do and will comply with these Terms of Use.
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You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility (and you will indemnify the Company) for such content, including its legality, reliability, accuracy, and appropriateness.
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We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platforms and/or the Services.
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In consideration for the rights granted to you under the Terms of Use, you grant us the right (1) to allow the Platforms and/or the Services to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the Platforms and/or the Services, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Platforms and/or the Services, the content you access, including its selection and placement, may be influenced by commercial considerations, including our agreements with third parties. Some content licensed by, provided to, created by or otherwise made available by us may contain advertising as part of the content. The Platforms and/or the Services make such content available to you unmodified.
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If you provide feedback, ideas or suggestions to the Company in connection with the Platforms and/or the Services or content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize the Company to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Contribution.
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You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Contributions in connection with the Platforms and/or the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Where applicable and permitted under applicable law, you agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Contribution, including Feedback, and your right to object to derogatory treatment of such User Contribution.
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Monitoring and Enforcement; Termination
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We have the right to:
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\n- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
\n- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platforms and/or the Services or the public, or could create liability for the Company.
\n- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
\n- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platforms and/or the Services.
\n- Terminate or suspend your access to all or part of the Platforms and/or the Services for any or no reason, including without limitation, any violation of these Terms of Use.
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Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platforms and/or the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
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However, we do not undertake to review material before it is posted on the Platforms and/or in connection with the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
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Content Standards
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These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
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\n- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
\n- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
\n- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
\n- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
\n- Be likely to deceive any person.
\n- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
\n- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
\n- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
\n- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
\n- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
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Copyright Infringement
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If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
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Reliance on Information Posted
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The information presented on or through the Platforms and/or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to any of the Platforms and/or the Services, or by anyone who may be informed of any of its contents.
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The Platforms and/or the Services include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
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Changes to the Platforms and/or the Services
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We may update the content on the Platforms and/or the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platforms and/or the Services may be out of date at any given time, and we are under no obligation to update such material.
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Information About You and Your Visits to the Platforms and/or the Services
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All information we collect on the Platforms and/or in connection with the Services is subject to our Privacy Policy. By using the Platforms and/or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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Online Purchases and Other Terms and Conditions
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All purchases through our site or other transactions for the sale of goods, services, or information formed through the Platforms and/or the Services, or resulting from visits made by you, are governed by the terms and conditions set forth by the providers of such goods, services, or information, and all such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
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Linking to the Platforms and/or the Services and Social Media Features
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You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
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The Platforms and/or the Services may provide certain social media features that enable you to:
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\n- Link from your own or certain third-party websites to certain content on the Platforms and/or the Services.
\n- Send emails or other communications with certain content, or links to certain content, on the Platforms and/or in connection with the Services.
\n- Cause limited portions of content on the Platforms and/or in connection with the Services to be displayed or appear to be displayed on your own or certain third-party websites, and cause limited portions of your own or certain third-party websites to be displayed or appear to be displayed on the Platforms and/or in connection with the Services.
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You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
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\n- Cause the Platforms and/or the Services or portions of them to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
\n- Otherwise take any action with respect to the materials on the Platforms and/or the Services that is inconsistent with any other provision of these Terms of Use.
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The website from which you are linking, or which website you may link to the Platforms and/or the Services, must comply in all respects with the standards set out in these Terms of Use.
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You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permissions and capabilities without notice.
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We may disable all or any social media features and any links at any time without notice in our discretion.
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Links from the Platforms and/or the Services
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If any of the Platforms and/or the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any of the Platforms and/or the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Third Party Applications and Devices
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The Platforms and/or the Services are integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party devices to make the Platforms and/or the Services available to you. These Third Party Applications and devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or device or for any transaction you may enter into with the provider of any such Third Party Applications and devices, nor does the Company warrant the compatibility or continuing compatibility of the Third Party Applications and devices with the Platforms and/or the Services.
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Geographic Restrictions
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The owner of the Platforms and/or the Services is based in the State of Florida in the United States. We provide the Platforms and/or the Services for use only by persons located in the United States. We make no claims that the Platforms and/or the Services or any of their content is accessible or appropriate outside of the United States. Access to the Platforms and/or the Services may not be legal by certain persons or in certain countries. If you access the Platforms and/or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
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Disclaimer of Warranties
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platforms and/or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS AND/OR THE SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS AND/OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORMS AND/OR THE SERVICES LINKED TO IT.
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YOUR USE OF THE PLATFORMS, AND/OR THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS AND/OR THE SERVICES IS AT YOUR OWN RISK. THE PLATFORMS, AND/OR THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM AND/OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORMS AND/OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, AND/OR THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS AND/OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORMS AND/OR THE SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS AND/OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Limitation on Liability
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TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, AND/OR THE SERVICES, ANY WEBSITES LINKED TO IT OR TO WHICH THE PLATFORMS AND/OR THE SERVICES ARE LINKED, ANY CONTENT ON THE PLATFORMS AND/OR THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
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The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
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THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
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You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms and/or the Services, including, but not limited to, your User Contributions, any use of any of the Platforms’ and/or the Services’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Platforms and/or the Services.
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Governing Law and Jurisdiction
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All matters relating to the Platforms and/or the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
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Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platforms and/or the Services shall be instituted exclusively in the federal or state courts located in Miami-Dade County, State of Florida, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your place of residence or any other relevant place. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Arbitration
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At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Platforms and/or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
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Notwithstanding the above paragraph, you and the Company both agree that nothing in this Section will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
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YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
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A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). The Company’s address for Notice is: Miimu LLC, 140 Hampton Lane, Key Biscayne, FL 33149. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
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Limitation on Time to File Claims
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ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORMS AND/OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Waiver and Severability
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No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
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If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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Entire Agreement
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The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Platforms and/or the Services and the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platforms and/or the Services and the subject matter hereof.
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Your Comments and Concerns
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This website and the other Platforms are operated by Miimu LLC, 140 Hampton Lane, Key Biscayne, FL 33149.
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All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
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All other feedback, comments, requests for technical support, and other communications relating to the Platforms and/or the Services and the subject matter hereof should be directed to: info@epfr.com.
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