A. INTRODUCTION
These Terms of Use apply to http://www.Mirigems.com (the “Website” or the “Site”). The Site is operated by Mirigems (“Mirigems”). Throughout the Site, the terms “we,” “us” and “our” refer to Mirigems. Mirigems offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.
B. TERMS OF USE DO NOT APPLY TO SOFTWARE, PRODUCT OR SERVICE OFFERINGS
These Terms of Use do not apply to any product or service we offer for sale on the Site. Those products or service offerings are subject to separate conditions of sale found elsewhere on this Site.
C. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THIS SITE
Mirigems is not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
D. CONDUCT ON THE SITE
Some features on this Site may require registration. By registering at, and in consideration of your use of, the Site you agree to provide true, accurate, current and complete information about yourself.
In addition, some features on this Site may require the use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, you must notify Mirigems immediately. Mirigems may assume that any communications Mirigems receives under your password have been made by you unless Mirigems receives written notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our prior written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Mirigems’s express prior written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Mirigems’s express prior written consent.
E. FEATURES AND FUNCTIONALITY PROVIDED BY THIRD PARTIES; THIRD PARTY TERMS
Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “Third-Party Providers”). Your use of and interaction with such content, features and functionality (collectively, “Third-Party Content”) may be subject to separate terms and conditions. In that event, you acknowledge that these Terms of Use will not apply to your use of the Third-Party Content and that you will be subject to and comply with the terms of use offered by such Third-Party Providers. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH ANY OF THE FOREGOING WILL BE BROUGHT AGAINST THE APPLICABLE THIRD PARTY PROVIDER(S) AND NOT MIRIGEMS OR ITS AFFILIATES.
F. USE OF MATERIALS ON THE SITE
All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement hereof), is the exclusive property of and owned by Mirigems, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of the content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Mirigems, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Mirigems reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Mirigems, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Mirigems’s sole and absolute discretion. Mirigems neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Mirigems.
You may not use the contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Mirigems reserves the right, in its sole and absolute discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Mirigems may be entitled at law or in equity.
G. MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringes on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a civil or criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload any commercial content onto the Site.
If you do submit material, and unless we indicate otherwise, you grant Mirigems and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any such material throughout the world in any media. You further agree that Mirigems is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Mirigems. You grant Mirigems and its affiliates the right to use the name you submit in connection with such material if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is true, complete and accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold Mirigems and its affiliates harmless from and against all claims resulting from content you supply.
H. LINKS
This Site may contain links to other websites, some of which are operated by Mirigems or its affiliates and others of which are operated by independent third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on those other sites and are not responsible for any of the content of those or any other sites or any products or services that may be offered through those or any other sites. The inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Mirigems is not responsible for any losses, damages, or other liabilities incurred as a result of your use of any linked sites.
I. TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Mirigems, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Mirigems reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
J. INFRINGEMENT NOTICE
You are hereby informed that Mirigems has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Mirigems’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please contact us.
Miri gems is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including the material you provide to us, and so we have an absolute right to remove any material from the Site in our sole and absolute discretion at any time.
L. CHANGES TO THESE TERMS OF USE
Miri gems reserves the right, in its sole and absolute discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes.
In the event we make material changes to the Terms of Use, a notice of the changes will be posted on the homepage of this Site and the revised terms will take effect thirty (30) days after their publication on the Site.
M. ENTIRE AGREEMENT AND ADMISSIBILITY
These Terms of Use, the Conditions of Sale also posted on this Site, and any policies or operating rules also posted on this Site constitute the entire agreement and understanding between you and Miri gems with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral, written, electronic or otherwise between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
N. SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms of Use will continue to be fully valid, binding, and enforceable.
O. HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or this Site, please contact us by:
Emailing us at: [email protected]