TERMS OF SERVICE Last Modified [May 7, 2018]
1. Mira Service 1.1. Beta Service; Changes to the Service You acknowledge and agree that the Service is a beta version that may contain bugs, defects and errorsand that the Service is not expected to function fully or without error. We may, without prior notice,change the Service; stop providing the Service or features of the Service, to you or to Users generally; orcreate usage limits for the Service. We may permanently or temporarily terminate or suspend your accessto the Service without notice and liability for any reason, including if in our sole determination youviolate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason,you continue to be bound by this Agreement. 1.2. User EligibilityYou may use the Service only if you can form a binding contract with Mira, and only in compliance withthis Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Mira.1.3. Limited License Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Mira reserves all rights not expressly granted herein in the Service and the Mira Content (as defined below). Mira may terminate this license at any time for any reason or no reason.1.4. User AccountsYour account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Mira with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Mira immediately of any breach of security or unauthorized use of your User Account. Mira will not be liable for any losses caused by any unauthorized use of your User Account. You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing Mira your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. 1.5. Disputes with Other Users You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Mira shall have no liability for your interactions with other Users, or for any User’s action or inaction. 1.6. Service Location The Service is controlled and operated from facilities in the United States. Mira makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.2. User Content Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, videos, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Mira has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Mira a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Mira’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.In connection with your User Content, you affirm, represent and warrant the following:
- You are being provided access to a beta version of the Service, which is not expected to be free of bugs, defects and errors, and we provide you no warranties and have no liability to you for your use of the Service.
- Mira may terminate your access to the Service or discontinue or change the Service at anytime, as provided for in Sections 1.1 and 1.3.
- As part of this Agreement, you agree to be bound by the terms regarding ConfidentialInformation in Section 4, which includes an obligation to not share your thoughts, ideas or feedback about the Service with anyone other than Mira.
- Mira has no obligation to support the Service.
- Mira reserves the right to modify these terms and will provide notice of these changes as described below in Section 16.2.
- SECTION 14 OF THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION / JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
- Your User Content and Mira’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- Mira may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
The above information must be submitted to the following DMCA Agent:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Mira to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Attn: DMCA Notice
Mira AI, Inc.
Address: 612 Howard Ave
San Francisco, CA 94110