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”).
Our Limited License to You
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
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.
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.: Chris Giordano
32 Court Street, Suite 1800
Brooklyn, NY 11201, U.S.A.
By email: firstname.lastname@example.org
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:
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:
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 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:
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:
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.
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
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.
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.
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.