Terms & Conditions

Latest update 11.11.2015

Thank you for using the MiMedia mobile and desktop software applications and associated services (collectively, the “MiMedia Services”) provided by MiMedia, Inc. (“MiMedia” or “we”).

These Terms of Use constitute the agreement between each user (“you”) and MiMedia regarding your access to and use of the MiMedia Services. How we collect and use your information generally is also explained in our Privacy Policy.

By using the MiMedia Services, you accept and agree to be bound by these Terms of Use and our Privacy Policy.

Our Limited License to You

Upon you creating an account with MiMedia, MiMedia grants you a non-exclusive, non-transferable, non-assignable, non-sublicense, revocable, conditional license to access and use the MiMedia Services solely for your own personal, lawful and non-commercial use and solely during the term of your subscription, provided that you at all times comply with these Terms of Use and all applicable laws. Other than the aforementioned limited usage license, MiMedia does not grant you any rights to any of MiMedia’s patents, copyrights, trade secrets, trademarks, source code, or other intellectual property or proprietary rights or interests, all of which are retained and reserved by MiMedia. You may not sell, offer to sell, redistribute, license, sublicense, copy, reproduce, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of, alter, modify, or create derivative works from, any portion of the MiMedia Services or any MiMedia property. You further acknowledge that the MiMedia Services may incorporate certain third-party software and code as well as open source code software, which are subject to the license provisions applicable to such software and code.

Account Creation and Security

To use the MiMedia Services you need to create an account that is protected by a username and password. You agree to keep your password and other account details secret, and not share them with anyone else, in order to prevent unauthorized access to your account. You also agree that the information you provide to create an account is accurate and that you will update that information as necessary to maintain its accuracy.

Free & Paid Subscriptions

Depending on your needs, MiMedia offers three (3) types of subscriptions for the MiMedia Services: free basic subscription, paid monthly subscription, and paid yearly subscription.

Acceptable and Prohibited Uses of the Services

The MiMedia Services are provided for your own personal, lawful and non-commercial use only and you may not transfer or resell your use of the MiMedia Services to a third party. You agree to use the MiMedia Services only for purposes that are permitted by these Terms of Use and all applicable laws.

When using the MiMedia Services, you may not:

(1) violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

(2) engage in any activity that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or profane, obscene, pornographic, or is otherwise offensive;

(3) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(4) impersonate any person, business or entity, including MiMedia and its employees and agents;

(5) disseminate viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

(6) solicit or encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;

(7) interfere with the use of the MiMedia Services or any other services by others; or

(8) damage, disable, overburden, or impair MiMedia’s servers or networks, or interfere with any other party's use and enjoyment of the MiMedia Services or any other services and/or software, or attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.

You agree that you are solely responsible for (and that MiMedia has no responsibility to you or to any third party for) any breach or violation of these Terms of Use and for the consequences (including any loss or damage which MiMedia may suffer) of any such breach or violation. You agree that, in the event you commit a breach or violation of these Terms of Use, MiMedia may, in its sole discretion, take any and all actions it deems necessary or appropriate to enforce these Terms of Use, including immediately suspending and/or terminating your access and use of the MiMedia Services. You acknowledge and agree that if MiMedia suspends or terminates your access and use of the MiMedia Services, you may be prevented from accessing any content files that you have uploaded to the MiMedia Services (“User Files’).

User Files

When you use the MiMedia Services, you provide us with your User Files containing content that you lawfully own or have a legal right to upload and store to and within the MiMedia Services. You retain all ownership rights to your User Files. However, by uploading User Files, you give MiMedia permission to take all actions required in order to enable us to provide, analyze, and improve the Services (including but not limited to data storage, maintenance services, database management, web analytics, and improvement of the MiMedia Services features) and to comply with applicable law. This includes sharing information with our trusted third party vendors and business partners who may have access to such information only for purposes of performing these tasks on our behalf. Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the MiMedia Services.

By uploading and storing your User Files, you represent and warrant that you lawfully own, or have a legal right to upload and store, all your User Files to and within the MiMedia Services. You are solely responsible for your User Files and what you do with them, and you must at all times comply with these Terms of Use and all applicable laws. Your User Files may contain content in which others hold copyrights, trademark rights, rights of privacy or publicity, or other intellectual property rights. The MiMedia Services also include features that enable you to share User Files with others. However, please DO NOT copy, upload, download, share or distribute any User Files unless you have the legal right to do so. MiMedia has no responsibility for what you do with your User Files. Providing you with the MiMedia Services does not mean, suggest or imply that MiMedia authorizes, approves, endorses, or encourages any of your activities with any User Files. We reserve the right, in our sole discretion, to immediately suspend or terminate your account and remove your User Files from the MiMedia Services, if we become aware or determine, in our sole judgment, that your User Files or what you are doing with your User Files is unlawful or unauthorized or otherwise violates or infringes upon another’s intellectual property rights.

Compliance with DMCA

As the provider of hosting and storage services of user-provided content, MiMedia is committed to complying with the United States Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”). MiMedia will respond to proper notifications of claimed copyright infringement with respect to User Files hosted and stored on the MiMedia Services, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Files. We also have a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

Designated Agent: In compliance with the DMCA, the following is our Designated Agent to receive notifications of claimed copyright infringement by User Files on the Services:

By mail: MiMedia, Inc.
Attn.: Ted Steube
32 Court Street, Suite 1800
Brooklyn, NY 11201, U.S.A.

By email: ted@mimedia.com

Use our online contact form.

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User File hosted and stored on the MiMedia Services, please notify the Designated Agent listed above in writing and provide the following requisite information:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against your User File hosted and stored on the MiMedia Services, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement by you under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If we receive a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Cancellation of Subscription

Once you sign up for an account, you agree to the Terms of Use. If you wish to cancel your account for any reason, please use our online contact form, subject to the terms and conditions set forth below:

  • Cancellation of Free Subscription: If you have a free subscription with us, you may contact us to cancel at any time, and your subscription will end immediately upon our processing of your cancellation.
  • Cancellation of Paid Monthly Subscription: If you have a paid monthly subscription with us, you may contact us to cancel at any time, and your subscription will end immediately upon our processing of your cancellation and you will receive a prorated refund of your prepaid subscription fee for the remainder of the month in which you cancel. For example, suppose that you have prepaid for the month of January 2016 and you contact us to cancel your month-to-month subscription on January 20, 2016, and that we process your cancellation on January 21, 2016. In this example, your subscription will end on January 21, 2016, and you will receive a prorated refund of your prepaid subscription fee for the period from January 21 through January 31, 2016.
  • Cancellation of Paid Yearly Subscription: If you have a paid yearly subscription with us, you may contact us to cancel at any time, and your subscription will end as follows, depending on the time of your cancellation: (i) if you cancel within the first thirty (30) days of your subscription, your subscription will end immediately upon our processing of your cancellation and you will receive a full refund of your prepaid yearly subscription fee; and (ii) if you cancel after the first thirty (30) days of your subscription, your subscription will automatically end at the end of your prepaid subscription term (which means that you can continue to use the MiMedia Services until the end of your prepaid subscription term), and there will be no refund of your prepaid subscription fee, even if you choose to discontinue use of the MiMedia Services right away upon cancellation. For example, if you become a yearly subscriber on January 1, 2016, and you contact us on January 30, 2016, to cancel your account, your subscription will end immediately upon our processing of your cancellation and we will issue you a full refund of your prepaid subscription fee for 2016; however, if you contact us after January 30, 2016, to cancel your account, then your subscription will end as of December 31, 2016, and you will not receive any refund of your prepaid subscription fee.

Once your subscription ends, any User Files stored by or for you on the MiMedia Services may be deleted by MiMedia within thirty (30) days.

Downgrade from Paid Subscription to Free Subscription

If you have a paid monthly or yearly subscription with us, you have the option to downgrade your subscription to a free subscription by contacting us, subject to the terms and conditions set forth below:

  • In order to downgrade, you must reduce the User Files then stored in your account to meet the prescribed storage limit for a free subscription (currently, that limit is 10GB), and we cannot process your downgrade and your downgrade will not take effect until you do so and we have verified such to be the case. IMPORTANT NOTE: Until we process your downgrade and your downgrade takes effect, your subscription will remain and continue to be treated as a paid subscription and will be subject to automatic renewal and billing (unless you cancel your paid subscription).

Upon our processing of your downgrade (after you meet the storage limit for a free subscription), your downgrade will take effect and the following refund policy will apply:

  • If you downgrade from a paid monthly subscription, we will issue you a prorated refund of your prepaid subscription fee for the remainder of the month in which your downgrade takes effect. For example, suppose that you have prepaid for the month of January 2016 and you contact us to downgrade to a free subscription on January 20, 2016, and that at the time you contact us you have over 10GB User Files stored in your account. In this example, we cannot process your downgrade until you reduce the User Files stored in your account to meet the 10GB limit for a free subscription. Suppose that on January 25, 2016, you are able to meet the storage limit for a free subscription after removing some of the User Files stored in your account and that after we verify such to be the case, we process your downgrade on January 26, 2016. In such case, your downgrade will take effect on January 26, 2016, and you will receive a prorated refund of your prepaid subscription fee for the period from January 26 through January 31, 2016. Now, suppose that by January 31, 2016, you still do not meet the storage limit for a free subscription. In such case, your paid monthly subscription will automatically renew on February 1, 2016, and you will automatically be billed the subscription fee for the month of February. If on February 5, 2016, you are able to meet the storage limit for a free subscription and, after we verify such to be the case, we process your downgrade on February 6, 2016, we will issue you a prorated refund of your prepaid subscription fee for the period from February 6, 2016, through the end of February 2016.
  • If you have a paid yearly subscription and you downgrade within the first thirty (30) days of your prepaid subscription term, we will issue you a full refund of your prepaid subscription fee for the remainder of the year commencing from the date your downgrade takes effect. For example, suppose that you become a yearly subscriber on January 1, 2016, and you contact us on January 20, 2016, to downgrade to a free subscription and that at the time you contact us you have over 10GB User Files stored in your account. In this example, we cannot process your downgrade until you reduce the User Files stored in your account to meet the 10GB limit for a free subscription. Suppose that on January 25, 2016, you are able to meet the storage limit for a free subscription after removing some of the User Files stored in your account and that after we verify such to be the case, we process your downgrade on January 26, 2016. In such case, your downgrade will take effect on January 26, 2016, and you will receive a full refund of your prepaid subscription fee for 2016.
  • If you have a paid yearly subscription and you downgrade after the first thirty (30) days of your prepaid subscription term, there will be no refund of your prepaid yearly subscription fee, and your free subscription will automatically begin at the end of your prepaid subscription term.

IMPORTANT NOTE: Even if you contact us to request a downgrade within the first thirty (30) days of your prepaid subscription term, but if your downgrade does not take effect until after such thirty (30) days because you do not timely reduce the User Files stored in your account to meet the storage limit for a free subscription, you will not receive any refund of your prepaid yearly subscription fee, and your free subscription will automatically begin at the end of your prepaid subscription term.

No Warranty

THE MIMEDIA SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” “AT YOUR OWN RISK” AND “AS AVAILABLE BASIS.” MIMEDIA MAKES NO EXPRESS WARRANTIES OR GUARANTEES AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW MIMEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT. MIMEDIA WILL HAVE NO RESPONSIBILITY FOR ANY LOSS OF YOUR PRIVACY CONFIDENTIAL INFORMATION, OR PROPERTY, INCLUDING ANY HARM TO YOUR COMPUTER SYSTEM AND ANY LOSS OR CORRUPTION OF YOUR USER FILES.

Links to Third Parties

THE MIMEDIA SERVICES MAY CONTAIN LINKS TO THIRD-PARTY PRODUCTS, SERVICES, CONTENTS, AND/OR WEBSITES. MIMEDIA has no control over and does not sponsor or endorse, and assumes no responsibility or liability for, ANY SUCH THIRD-PARTY PRODUCT, SERVICE, CONTENT OR WEBSITE, or for any of your dealings with A THIRD PARTY, or for any loss or damage that may arise from your use of ANY THIRD-PARTY PRODUCT, SERVICE, CONTENT OR WEBSITE. Your use of ANY SUCH THIRD-PARTY PRODUCT, SERVICE, CONTENT OR WEBSITE will be subject to the terms and conditions and privacy policY of THE THIRD-PARTY PROVIDER, which may substantially differ from those of MIMEDIA. WE URGE YOU TO READ THE terms and conditions and privacy policY OF THE THIRD-PARTY PROVIDER PRIOR TO USING ANY THIRD-PARTY PRODUCT, SERVICE, CONTENT OR WEBSITE.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH MIMEDIA IS TO DISCONTINUE YOUR USE OF THE MIMEDIA SERVICES.

Indemnification

You agree to indemnify, defend and hold MiMedia and its officers, directors, employees, agents, licensors, and vendors harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, resulting from (i) a violation or breach of these Terms of Use or any applicable law by you, (ii) any User Files you upload, store or share on or through the MiMedia Services, (iii) any activity related to access or use of the MiMedia Services (including but not limited to negligent or wrongful conduct) by you or any other person, or (iv) MiMedia’s processing, hosting, storage and use of your User Files as authorized by you under these Terms of Use.

Updates and Modifications

We may update the MiMedia Services or any portion thereof from time to time. These updates may include bug fixes, functional enhancements, and new releases.

We also reserve the right to modify these Terms of Use from time to time. If we make material changes to these Terms of Use, we will announce and post such changes on the MiMedia Services. If you have provided your email address to us, we may also notify you of such changes via email. If you have an active account with us, we may ask you to affirmatively consent to and accept the changes at the time of your next account login. By continuing to use the MiMedia Services after such notice and/or consent, you are bound by these Terms of Use as modified.

Compliance with Export Control Laws

You may not use or otherwise export or re-export any MiMedia software except as expressly authorized by United States law and the laws of the jurisdiction in which such software was lawfully obtained. In particular, but without limitation, no MiMedia software may be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the MiMedia Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the MiMedia Services for any purposes prohibited by the United States or international laws, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

General

These Terms of Use, together with our Privacy Policy and any other policies and rules as may be established by us from time to time, constitute the entire agreement between you and MiMedia and supersede any prior agreements. You agree that MiMedia may provide you with any notices by email, regular mail, or postings on the MiMedia Services. You may not assign any of your rights or obligations hereunder but MiMedia may assign its rights and obligations hereunder to any affiliate or to any successor in interest of any business associated with the MiMedia Services. You agree that MiMedia’s failure to exercise or enforce any legal right or remedy contained in these Terms of Use or that MiMedia is entitled to under applicable law will not constitute a formal waiver of MiMedia’s rights and that those rights or remedies remain available to MiMedia. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from these Terms of Use without affecting the remaining provisions of those agreements, which will continue to be valid and enforceable. These Terms of Use and your relationship with MiMedia shall be governed by the laws of the State of New York, U.S.A. without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within the State of New York, U.S.A. to resolve any legal matter arising between the parties. Notwithstanding the termination or cancellation of your account with MiMedia, relevant provisions of these Terms of Use shall remain in full force and effect to the extent necessary to enforce MiMedia’s rights.