1. Purpose of the web
These general conditions of use of the services offered at the URL www.miru365.com, (hereinafter web), are signed by MIRU365, registered trademark of Espacio Rack, S.L. and on the other hand, by the USER.
Espacio Rack, S.L. is the owner of said URL, and its registered office is at Calle Ana Mariscal, number 5, 28223 – Pozuelo de Alarcón, Madrid, Spain, C.I.F. B86277662, registered in the Madrid Mercantile Registry in volume 29.109, folio 137, section 8, page M-524120 and entry 1, dated August 9, 2011, with Telephone 902 099 402 and email [email protected]
MIRU365, is a trademark, registered by Espacio Rack, S.L., whose main activity consists of software applications that can be downloaded to a mobile device or computer, among others.
MIRU365 enables USERS to access and use the various services and content, by making information and data (hereinafter Contents) available to the USER through its website, which may be provided both by MIRU365, as well as by third parties and / or legal.
Access to the MIRU365 website is free, without prejudice to the contracting services that will be governed by specific conditions established on the website.
The USER who accesses the MIRU365 website, knows and accepts the general conditions contained herein, of each of the versions that are offered on the website, and the modifications that occur on these, and users must periodically access these for their knowledge.
2. Access to the web
The USERS access to the MIRU365 website does not imply any obligation or guarantee on the part of MIRU365.
To access the web, the USER must have access to the Internet, pay the corresponding access and connection fees and have the equipment and computer systems necessary to connect to the Internet, including a Terminal that is suitable for the effect (computer, telephone, etc.) and a modem or other similar or similar access device. MIRU365 is not responsible at any time for the proper functioning of these equipment, nor for the rights of use or licenses required for their use.
For correct access and use of certain content and services on the Portal, it may be necessary to download certain computer programs or other logical elements to your computer equipment. This installation will be the responsibility of the USER, MIRU365 declining any type of responsibility that may arise from it.
MIRU365 reserves the right to suspend and cancel access, and modify, limit or cancel all or any of the terms and conditions applicable to the website, giving advance notice by introducing a pop window, which will automatically open when accessing the page . The quality and speed with which the website is accessed will not be the responsibility of MIRU365, and no compensation for damages can be claimed by the user.
The service provided by MIRU365 through its website is for an indefinite period of time, and the provision of this service may be terminated at any time without just cause or reason and without prior notice.
MIRU365 will not be responsible for any anomaly, malfunction, deterioration, deletion of data or software that occurs in the equipment or systems of users, as a direct or indirect consequence of access or attempted access to its website.
3. Contents of the web
The language used by MIRU365 on the web will be Spanish, without prejudice to using other languages, both national and regional, freely and without prior notice. MIRU365 is not responsible for the lack of understanding or understanding of the language of the web by the user, nor for its consequences.
MIRU365 may modify the contents without prior notice, as well as delete and change these within the web, not being responsible for the consequences that may affect users.
The entirety of this website: text, images, brands, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, ordering and presentation of its contents, is protected by the laws on Intellectual Property and Industrial.
In this way, they belong to MIRU365, and where appropriate to third parties, all the industrial and intellectual property rights of the web, as well as the contents it houses. Any use of the website or its contents must be exclusively private. Any other use that involves copying, reproduction, distribution, transformation, public communication or any other similar action, of all or part of the contents of the web page, as well as of the same, is reserved exclusively for MIRU365, so that no user may carry out these actions without the prior written authorization of MIRU365 or the third party owner of the property rights intellectual or industrial.
The use, in part or in whole, of the contents, to promote, sell, contract or disseminate advertising or information of its own or of third parties without the authorization of MIRU365, nor to send advertising or information using the services or information is prohibited. that are made available to users, regardless of whether their use is free or not.
The trademark or trade names may not be used, as well as any other identifying sign that is subject to intellectual or industrial property rights, without the prior express written authorization of its owner.
The links or hyperlinks that incorporate addresses to this website may not express, directly or indirectly, false, inaccurate or confusing indications, and will only access the pages, not being able to copy or reproduce all or part of these, or incur unfair or illegal actions against of MIRU365, as well as making any statement or action that could lead to error or confusion to the person who accesses through the hyperlink to the web. Hyperlinks to the web that are not limited solely and exclusively to access to the main page or home page may not be included; as well as the MIRU365 website (frames), or the hyperlinks accessible through it, may not be reproduced totally or partially on another website.
It is forbidden to carry out any action that prevents or hinders access to the website by users, as well as hyperlinks to the services and content of third parties offered on the website, and, specifically, the use of MIRU365 as a metatag, or to be used , in any way, to attract users to websites other than this one, or to hinder or discourage the use of it. MIRU365 is not responsible for the reliability and speed of the hyperlinks that are incorporated on its website to other websites. MIRU365 does not guarantee the usefulness of the website with respect to its links to other websites, nor is it responsible for the content or services that the user can access through these links, nor for the proper functioning of these.
MIRU365 will not be responsible for viruses or other computer programs that deteriorate or may deteriorate the computer systems or equipment of users when accessing its website or other websites that have been accessed through links on the MIRU365 website.
4. Web users
Users who access the MIRU365 website will do so in accordance with the Law, morals, good customs and public order, and are obliged at all times not to access the website and its contents in a manner contrary to the established and / or for illicit purposes, harmful to the rights and freedoms of third parties, or that may damage, deteriorate, saturate or slow down the web, to the detriment of MIRU365 or third-party users. Users will not copy, distribute, broadcast, transform, modify or manipulate the contents.
MIRU365 does not have on its website products or services available to users where they can enter any type of content or information, such as newsgroups, Chat, personal websites or others of a similar nature. However, MIRU365 if it has an email service available to users on its website so that they can contact MIRU365, so they agree to use said email service in accordance with the law, uses and customs and public order. Users, in the use of products and services where they provide information or content, will not violate fundamental rights and public freedoms, will not incite or promote demonstrations or criminal, xenophobic, terrorist, or degrading acts based on sex, race, religion , beliefs, nor will they disclose pornographic content or services, nor will they defend violence.
Access to the contents of the website by the user will be under their full responsibility, and MIRU365 cannot be affected by any consequence derived directly or indirectly from accessing the website, whether physical, logical, moral or personal. MIRU365 may hold users responsible who, by misusing the website, cause damage or harm to third parties, as well as possible viruses or computer programs that may introduce, generate, host on the website and deteriorate or may deteriorate both the contents such as the proper functioning of it; as well as how the computers, systems and programs of the web users.
MIRU365 may be directed against users about all claims, compensation, fines or administrative sanctions that fall on MIRU365 and are the direct or indirect responsibility of a user who enters any content or uses any web service without due diligence.
All users who know of any action that is deteriorating or may deteriorate the proper functioning of the to the MIRU365 website, modify or alter its contents, they will communicate this situation to MIRU365.
MIRU365 reserves the right to use so-called “cookies”, in any type of use of the web. However, USERS are informed of the possibility of discarding this use in their computer terminal.
Both the USER and MIRU365, are obliged to make use of the Services in accordance with the Non-Consent Advertising Policy, and in particular, undertakes to:
– Do not send chains of unsolicited electronic messages.
– In the cases of sending advertising by MIRU365 to USERS, it will be sent with the word “advertising” so as not to mislead.
The USERS harmed by the receipt of unsolicited messages addressed to a plurality of people, may communicate it to MIRU365, sending a message to the email account [email protected].
Minors must request and obtain the permission of their parents, guardian or legal representative before being able to access the services and / or content that are incorporated into the web. Unauthorized minors are prohibited from accessing and using the portal. MIRU365 informs you that there are computer programs that allow you to filter and block access to certain content and services, in such a way that parents, for example, can decide which are the contents and services of the web to which their children can access and which not.
These conditions are subject to current Spanish legislation. For any type of controversy derived from the use of the services offered or the contents of the website, the parties, with the acceptance of these Conditions, will submit to the Courts and Courts of the Villa de Madrid (Spain).
Thank you for using the MIRU365 services.
The MIRU365 Services may include (1) online services accessible through https://www.miru365.com (“Site”); (2) software applications that can be downloaded to a mobile device or computer (“MIRU365 Applications”); and (3) any services available on the MIRU365 Site and Applications, including the MIRU365 CloudPlay Services and other individual services available.
We provide MIRU365 Services for use in conjunction with various MIRU365 recognized Internet connected products (“Products”).
1. Contracting and electronic messaging
2. Registration: Children
Registering a Product for use with the MIRU365 Services or using the MIRU365 Services is strictly prohibited unless you are 18 years of age or older, or older than the equivalent minimum age in the applicable jurisdiction. Check local laws for the age of digital consent. You may not use the MIRU365 Services where prohibited by applicable law. If you are not 18 years of age or older, or less than the equivalent minimum age in the applicable jurisdiction, you must have your parent or legal guardian register a Product or use the MIRU365 Services. Please contact us if you believe your child has provided us with personal information in connection with the MIRU365 Services.
3. Prohibition of critical or human safety uses in relation to the MIRU365 services
You acknowledge and agree that the MIRU365 Services and Products are not certified for emergency response. We do not warrant, nor do we represent, that the use of the MIRU365 Services or Products with any third party product or service will affect or increase any level of security. MIRU365 services and products do not incorporate an emergency notification system monitored by third parties: we will NOT send emergency authorities to your home in the event of an emergency. All life-threatening and / or emergency events should be directed to the appropriate response services.
4. Relationship with product warranty
These Terms govern your use of the MIRU365 Services. Your purchase of any Product is governed by the limited warranty provided with that Product.
To use your Product through the MIRU365 Services, you must create an Account; if applicable, you can log into MIRU365 Apps through a third party account.
Creating an account. You represent and warrant that: (i) all required registration information that you submit is true, accurate and complete; and (ii) maintain the accuracy, security, and confidentiality of such information and your password; and (iii) your use of the Account does not violate any applicable law or regulation. You do not have the right to transfer your Account to other people in any way. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Account. You agree to notify us immediately of any unauthorized access or use of your Account or any breach of security. You may be liable for losses suffered by us or any other MIRU365 user due to someone else using your Account as a result of your failure to keep your Account information secure and confidential.
You may not use someone else’s Account at any time without the express permission and consent of the owner of that Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Close your account. You can close your account at any time using the “Close your account” function. The Account is necessary to use the MIRU365 Services. Before closing your Account, make sure that you are not using the MIRU365 Services and that you have deleted the Product from your Account. Also note that you will not be able to reactivate your Account or retrieve any content or information that you have previously added to your Account. If you ever wanted to use these MIRU365 Services again, you would need to create a new Account. Please read our section “About Closing Your Account” carefully when using the “Closing Your Account” function.
Log in through a third-party account. Before doing this, make sure you have all rights to the third-party account you use and that you are willing to access and manage the MIRU365 Services through it. Furthermore, you understand and agree that MIRU365 may collect your public information with that third party, just to generate your single sign-on license.
6. System and equipment requirements
The use of certain Products or a particular functionality may require Internet access and registration with the MIRU365 Services. You must have the necessary hardware, software, and Internet access to register and use the Product with the MIRU365 Services. The MIRU365 Services will not be accessible without: (i) a working Wi-Fi network that is positioned to communicate reliably with the Products; (ii) a computer or mobile device running Android, Apple iOS or other applicable operating systems to pair the Products with your nearby Wi-Fi network; (iii) an Account; (iv) permanent access to broadband Internet; and (v) other elements of the system that we may specify in relation to specific Products. In addition, you acknowledge that we may activate Bluetooth or Wi-Fi services on your device, with or without prior notification, to facilitate proper Product registration and connectivity and registration for the MIRU365 Service.
Subject to your compliance with these Terms, we grant you a revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to install and use (a) the MIRU365 Applications and (b) any firmware embedded in the Product. and updates (“Other Software”), in each case solely in connection with your personal, non-commercial use of the MIRU365 Product and Services. You can only use the MIRU365 applications on devices or computers that you own, rent, or otherwise control. No other licenses or rights are granted to you, implicitly or otherwise, by virtue of intellectual property rights owned or controlled by us or our licensors.
8. License restrictions
Unless expressly permitted in these Terms, you agree, and will not allow others: (i) to license, sub-license, assign, transfer or transfer, the rights and licenses granted hereunder; (ii) publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, share the brand, frame, host, subcontract or commercially exploit the MIRU365 Services, including the MIRU365 and Other Applications Software (collectively, the “Software”), (iii) copy or reproduce the Services or MIRU365 Software or any part thereof, in any form; (iv) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels on the MIRU365 Software or Services; (v) use the MIRU365 Software and Services in any way that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of MIRU365, its external providers or any other third party; (vi) modify, translate, adapt, disassemble, reverse engineer, reverse compile, or create compilations or derivative works of the Software, the MIRU365 Service, or any portion thereof (except to the extent applicable laws specifically prohibit such restriction), or (vii) use the MIRU365 Software or Services for any service bureau, timeshare, resale or similar purposes.
We reserve all rights and licenses to the Software not expressly granted to you under these Terms.
9. Open Source
Certain items of software included with the Products are subject to “open source” or “free software” licenses (“Open Source Software”). Some of the open source software is owned by third parties. Each item of open source software is licensed under the terms of the end user license that accompanies such open source software. Nothing in these Terms limits your rights or grants you rights that supersede the terms and conditions of any applicable end-user license for the Open Source Software. If required by any license for a particular Open Source Software, we make such Open Source Software and our modifications to that Open Source Software available upon written request through our contact information. By downloading / requesting source code from any of the Open Source Software (“Source Code”), you agree to the following:
WE PROVIDE YOU WITH THE SOURCE CODE “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT USE OF THE SOURCE CODE IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MIRU365 AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIRU365 AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SOURCE CODE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
10. Access to MIRU365 services
You may access and use the MIRU365 Services solely for the purpose of (a) operating, managing, monitoring and maintaining the Products, (b) viewing, sharing and storing video, audio and other content captured and transmitted by the Products to MIRU365 Services and (c) subscribe to the MIRU365 Services, manage your Account and preferences, and maintain your registration data, provided that Account management is available in Web Apps or MIRU365 Apps.
When using the MIRU365 Services, you must not:
1.) interrupt, interfere, violate security or attempt to obtain unauthorized access to the MIRU365 Services or any computer network owned by us or any other user of the MIRU365 Services;
2.) circumvent any technological measure implemented by us or any of our suppliers or any other third party (including another user of the MIRU365 Services) to protect the MIRU365 Services;
3.) upload, transmit, distribute or run any computer virus, worm, Trojan horse or any computer code that may damage or alter the MIRU365 Services or a computer, portable device, computer network, communication network, data or any other system, device or property of our property or of any other user of the MIRU365 Services;
4.) run Maillist, Listserv or any form of automatic reply or “spam” on the MIRU365 Services;
5.) attempt, in any way, to obtain the password, account, credentials or other security information of any other user;
6.) jeopardize the security of your Account or that of any other person (for example, by allowing another person to log into the MIRU365 Services like you);
7.) impersonate any other user, person or entity (including, but not limited to, using email addresses associated with any of the above to create an Account);
8.) provide reference information for another person without first obtaining the consent of the person to whom it refers and notifying them that they may receive communications from us; or
9.) violate any applicable federal, state, local, or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
These Terms will apply to any future updates, launches or other changes to the MIRU365 Services.
You may choose to display, share, email, or make available (collectively, “Send”) text, graphics, photographs, videos, images, audio, and other works of authorship through the Product or directly on the MIRU365 Services, including storing and sharing with third parties online (“Your Content”). When You post Your Content on third party social media sites through the MIRU365 Services, such content may be accessed and viewed by others. You are solely responsible for your content submitted through MIRU365, and we will not be responsible for any errors or omissions in your content.
We may also make available on the MIRU365 Services text, graphics, photographs, videos, images, illustrations, audio, music, comments, and other copyrights owned by us or other users of the MIRU365 Services (“Our Content”). Our content, along with the MIRU365 services and their underlying technology, are protected by copyrights, trademarks, patents, intellectual property and other laws of the relevant jurisdiction and other countries. You may access and view Our Content for personal use and consumption only, and You are prohibited from copying, selling, renting, distributing (including through digital distribution), performing publicly (including through digital performance), trading, making derivative works, or otherwise exploit Our Content without Our prior written consent.
We do not endorse, represent or guarantee in any way your content or our content, or any information, service or recommendation that is accessed through the MIRU365 services. We are not responsible for the accuracy, reliability, effectiveness or correct use of the information you receive through MIRU365 Services.
You agree that all Your content and Our content that you access using the MIRU365 Services is at your own risk and You will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release us from any responsibility for having acquired or not your content or our content through the services of MIRU365.
Your content is yours. These Terms do not grant us any rights to Your Content, except for the limited rights that allow us to operate and provide the MIRU365 Services. We need your permission to do things like host your content and take backups. By making your content available on or through the MIRU365 services, you grant us a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, perpetual and irrevocable right and license to use, copy, modify, display, execute and distribute Your Content in connection with the operation and provision of the MIRU365 Services. We also have the right to reformat, create derivative works, extract, translate, modify or in any other way change your Content to store and view it through the MIRU365 Services. Such licenses and rights will be sub-licensed by us to our affiliates and trusted third parties with whom we work.
You represent and warrant that you own your content or that you have all necessary rights to submit your content in the manner you choose and to grant us a license to use your content as described in these terms.
You guarantee, declare and accept that your content and the use and provision of your content in the MIRU365 services as provided in these terms will not: (i) infringe, embezzle or violate the patent, copyright, trademark, the trade secret or trade secret of a third party. other intellectual property rights, or rights of publicity or privacy, or other rights; (ii) violate or encourage any conduct that would violate any applicable law, statute, regulation or ordinance, or that would give rise to civil liability; (iii) be fraudulent, false, misleading, misleading, defamatory, devious, obscene, harmful, pornographic, vulgar, offensive, or otherwise objectionable; (iv) promote discrimination, racism, hatred, harassment or harm against any individual or group; (v) be violent, threatening, abusive or promote violence or actions that are threatening or abusive to any person or entity; or (vi) promote illegal or harmful activities or substances.
All comments, suggestions, comments or ideas sent by you about the MIRU365 Services are our property and we may access, copy, modify, redistribute, publish or use them for any purpose and in any way without due compensation to you. We do not waive any right to use similar ideas previously known or developed by us.
13. Changes to the MIRU365 Services
We may change, update, discontinue or temporarily suspend any feature or component of the MIRU365 Services at any time and without prior notice. We cannot and do not guarantee that software updates can be implemented on any Product or that changes to the MIRU365 Services will work as intended. You acknowledge that you may need to install software updates to use the MIRU365 Services with your Product, and you agree to immediately install the updates that we provide. You are solely responsible for losses arising from the failure to implement such updates in a timely manner.
14. Individual service conditions
The MIRU365 Services can contain several individual services, p. ex. CloudPlay services. If you choose to use such individual services, you agree to continue to abide by the applicable terms for those services. You may be charged for certain individual services. We also reserve the right to charge for certain individual services that are currently free. If so, we will notify you in advance of the charge by sending an email to the email address associated with your account or by in-app notification. The charge will be effective no less than 30 calendar days after we notify you.
15. Limitations of the MIRU365 Services
The MIRU365 Services are intended to be accessed and used for information considered as NOT time critical, as well as for the control of the Products. While we strive to make the MIRU365 Services highly reliable and available, they are not intended to be reliable or available 100% of the time, considering that the MIRU365 Services are subject to sporadic interruptions and failures for a variety of reasons outside of our reasonable control, including Wi-Fi intermittence, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that we are not liable in any event for any damage allegedly caused by the failure or delay of the MIRU365 Services to reflect the current status of the Product, notifications or the timing of Your Content.
The MIRU365 Services may be temporarily suspended without prior notice for security reasons, system failure, maintenance and repair, updates, adjustments, or other circumstances. You acknowledge and agree that you will not be entitled to any refund, reduction or compensation for such suspension. We do not offer any specific uptime guarantees for the MIRU365 Services. We are not responsible for the losses derived from the suspension of the MIRU365 Services.
All information regarding the MIRU365 Services and the use of the Product with the MIRU365 Services is provided “as is” and “as available”. We do not guarantee that this information is correct or up to date. Access to information through the MIRU365 Services does not replace direct access to information in or about the Product itself.
16. Limitations of MIRU365 services due to dependence on third parties
The MIRU365 Services are based on certain third party products and services. For example, we rely on mobile operating system providers and mobile phone operators to enable mobile device notifications through the MIRU365 Services. These third party products and services are beyond our control, and their operation may not function reliably or be unavailable 100% of the time. We are not responsible for any damage or loss due to the performance of these third party products and services.
You acknowledge and agree that the availability of the MIRU365 applications depends on the third party web services from which you download the MIRU365 applications, for example, the Google Android application market or the Apple application store (each “Store” ). You acknowledge that these Terms are between you and us exclusively and not with a Store. Each Store may have its own terms and conditions that you must accept before downloading the MIRU365 Applications from that Store. You agree to comply, and that your license to use the MIRU365 Applications is conditional on your compliance with and acceptance of such Store terms and conditions. To the extent such other terms and conditions of said Store are less restrictive or conflict with the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions of these Terms will apply.
We are not responsible for third parties and / or their products and services, including, but not limited to, third-party products and services that enable the MIRU365 Services, equipment, ISPs, operators, app stores, and third-party sites.
WE HEREBY REJECT AND YOU DOWNLOAD, WAIVE AND RELEASE US AND OUR LICENSORS AND SUPPLIERS FROM ANY CLAIM, LIABILITY AND DAMAGES, PAST, PRESENT AND FUTURE, KNOWN OR UNKNOWN PRODUCTS AND INTERACTIONS, WHICH ARISE WITH THIRD INTERACTIONS OR THIRD-RELATED PRODUCTS.
17. Free the reading of third-party links
MIRU365 DISCLAIMS AND YOU DOWNLOAD, WAIVE, AND RELEASE MIRU365 AND ITS LICENSORS AND SUPPLIERS FROM ANY PAST, PRESENT AND FUTURE CLAIMS, LIABILITY AND DAMAGES, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO YOUR INTERACTION.
18. DISCLAIMERS OF WARRANTY
We strive to provide excellent services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MIRU365 SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY REJECT ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NO INFRINGEMENT OF THIRD PARTY RIGHTS OR DATA TRADE, AVAILABILITY OF THIRD PARTY RIGHTS, AVAILABILITY OF DATA TRADE. COMMERCIAL. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
WE DO NOT GUARANTEE, APPROVE, GUARANTEE, OR ASSUME LIABILITY FOR ANY PRODUCT, SOFTWARE, OR SERVICE ADVERTISED OR PROVIDED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE MIRU365 SERVICE (INCLUDING, BUT NOT LIMITED TO, ANY CLOIPPLAY WEB OR ANY HIGHLIGHTS SERVICES).
WE ARE NOT LIABLE WITH RESPECT TO ANY CONTENT UNDERSTOOD OR ACCESSED THROUGH THE MIRU365 SERVICES, AND WE WILL NOT BE LIABLE OR OBLIGATED TO GUARANTEE THE ACCURACY, COMPLIANCE WITH COPYRIGHTS, LEGAL ACCESS, OR DECREASE OF THE MATERIAL. MIRU365 SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE MIRU365 SERVICES.
YOU ACKNOWLEDGE THAT USE OF THE MIRU365 SERVICES WILL BE CONNECTED TO THE INTERNET, AND USE WILL BE ENTIRELY AT YOUR OWN RISK. WE DO NOT REPRESENT OR WARRANT THAT THE MIRU365 SERVICES WILL BE FREE FROM LOSS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATED TO THEM.
SURVEILLANCE, DATA PROTECTION AND PRIVACY LAWS VARY DEPENDING ON THE APPLICABLE JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON THE USE OF THE MIRU365 SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH THE LAWS APPLICABLE WHERE YOU LIVE AND THAT WE WILL NOT BE LIABLE IN THE EVENT THAT THE MIRU365 SERVICES ARE USED FOR UNLAWFUL PURPOSES – NOT LIMITED TO: CIVIL USE; RECORD OR SHARE VIDEO OR AUDIO CONTENT THAT DOES NOT COMPLY WITH APPLICABLE LAW; BREACH OF NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT OR OTHER SITUATIONS WHERE THE ABSENCE OF MIRU365 SERVICES COULD RESULT IN DEATH OR PERSONAL INJURY.
19. LIMITATIONS OF LIABILITY
We do not exclude or limit our liability to you when it is illegal to do so; This includes any liability for fraud or fraudulent misrepresentation by us, or by our affiliates, in the provision of the MIRU365 Services. In the jurisdiction where the following types of exclusions are not allowed, we are liable to you only for losses and damages that are a reasonably foreseeable result of our lack of reasonable use and skill, or our breach of contract with you. This paragraph does not affect consumer rights that cannot be waived or limited by any contract or agreement.
20. DURATION AND TERMINATION
These Terms will remain in full force and effect as long as you continue to access or use the MIRU365 Services, or until they are canceled in accordance with the provisions of these Terms. At any time, and without prior notice, we may suspend or terminate your rights to use the MIRU365 Services if we believe in good faith that you have used any MIRU365 Service in violation of these Terms. If you transfer a Product to a new owner, your right to use the MIRU365 Services with respect to that Product automatically terminates, and the new owner will not have the right to use the Product or the MIRU365 Services on their Account and will need to register for an Account with MIRU365 . YOU ACKNOWLEDGE THAT THE PRODUCT YOU PLAN TO TRANSFER MUST BE DELETED FROM YOUR ACCOUNT PRIOR TO SUCH TRANSFER. Upon termination of your Account, your right to use the MIRU365 Services will automatically terminate and we may remove Your Content and other information related to your Account immediately, unless otherwise required by applicable laws.
21. APPLICABLE LAW AND DISPUTE RESOLUTION
All matters arising from or related to these Terms are governed and interpreted in accordance with the laws of Spain, without giving effect to any conflict of legal principles that may be provided by the application of the law of another jurisdiction.
You agree that all disputes arising out of or related, in any way, to these Terms or to your use of the website, individually and purely bilateral, non-collective / non-representative, will be resolved by arbitration in the Court of Arbitration. of the Chamber of Commerce and Industry of Madrid (Spain).
The above provision regarding dispute resolution does not apply in some jurisdictions where such dispute resolution may be prohibited. For example, if you are a consumer based in the European Union, you can file a claim in the courts of the country where you reside.
Regardless of any statute or law to the contrary, any dispute arising out of or related to your use of the MIRU365 Services must be filed within one (1) year after the event or facts that gave rise to a dispute occurred, or you waive the right to pursue any dispute based on such event or facts forever.
You expressly declare and accept arbitration on an individual basis. IN ANY DISPUTE, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, A CLASS MEMBER OF A GENERAL ATTORNEY, OR A GENERAL LAWYER . The arbitral tribunal may not consolidate the claims of more than one person and may not preside in any other way in any form of representative or collective procedure. The arbitral tribunal has no power to consider the applicability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will apply.
22. ENTIRE AGREEMENT; RESIGNATION; DIVISIBILITY
These Terms constitute the complete and exclusive understanding between you and us with respect to the use of the MIRU365 Services, and these Terms cancel and replace any and all prior oral or written agreements or arrangements between you and us with respect to the MIRU365 Services . Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other right or provision in these Terms. If a Court or Tribunal determines that one or more rights or provisions set forth in these Terms are invalid, you agree that the rest of the Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted. by law.
You may not assign or transfer these Terms and any associated rights or obligations, by application of law, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We can freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will be linked to and benefit the parties, their successors, and authorized assignees.
We may revise these Terms from time to time to better reflect: (i) changes in the law; (ii) new regulatory requirements, or (iii) improvements or improvements made to the MIRU365 Services. If an update affects your use of the MIRU365 Services or your legal rights as a user of the MIRU365 Services, we will notify you prior to the effective date of the update by sending an email to the email address associated with your account or by means of a notification. in the app. These updated terms will take effect no less than 7 days after we notify you.
If you do not agree with the updates we make, please do not use the MIRU365 Services before they take effect. Where applicable, we will offer you a pro-rated refund based on the amounts you have paid in advance for the applicable MIRU365 Services and your Account closure date. By continuing to use or access the MIRU365 Services after the updates take effect, you agree to be bound by the revised Terms.
25. Contact with us
If you have any questions, please contact us immediately through the contact information at Contact Us.