ACCEPTANCE OF TERMS
You can accept the Terms by: (A) by actually using the Services. In this case, you understand, accept and agree that mimicat.com will treat your use of the Services as acceptance of the Terms from that point onwards; or (B) clicking to accept or agree to the Terms, where this option is made available to you by mimicat.com in the user interface for any Service.
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with mimicat.com in any way, your only recourse is to immediately discontinue use of mimicat.com. mimicat.com has the right, but is not obligated, to strictly enforce the TOU, through ways such as, but not limited to, active investigation, litigation and prosecution.
MODIFICATIONS OF TERMS
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time without notice to you. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
DESCRIPTION OF CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that mimicat.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the mimicat.com site and Content available through the Service may contain links to other websites, which are completely independent of mimicat.com. mimicat.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will mimicat.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that mimicat.com does not pre-screen or approve Content, but that mimicat.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The mimicat.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of mimicat.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge and agree that mimicat.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that mimicat.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that mimicat.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that mimicat.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release mimicat.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
PRIVACY AND INFORMATION DISCLOSURE
Your use of the mimicat.com website or the Service signifies acknowledgement of and agreement that mimicat.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of mimicat.com, its users or the general public.
USER REGISTRATION OBLIGATIONS
In consideration of your use of the mimicat.com Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the mimicat.com Services under the laws of any country or any applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the mimicat.com Service's registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or mimicat.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mimicat.com has the right to suspend or terminate your account and refuse any and all current or future use of the mimicat.com Services (or any portion thereof).
USER ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify mimicat.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. mimicat.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to mimicat.com will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from any countries).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by mimicat.com, unless you have been specifically allowed to do so in a separate agreement with mimicat.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach, including any loss or damage that mimicat.com may suffer.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not mimicat.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the mimicat.com Services.
You agree not to upload, post, email, transmit or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, pornographic, violent, terror, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c) that violates any law or regulation by stating, in any posting, notice or advertisement for the sale goods, service, or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any local, state, national, or international law prohibiting discrimination on the basis of these or other characteristics);
d) that violates any international, national, state, or local equal employment opportunity laws, including but not limited to, by stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
e) that impersonates any person or entity, including, but not limited to, a mimicat.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceitful, deceptive, misleading, misinforming, or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content and that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the mimicat.com sites which are not designated for such purposes; or emailed to mimicat.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
k) that includes links to commercial services or web sites, except as allowed in "services";
l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and interferes with or disrupts the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
n) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or that intentionally or unintentionally violates any applicable local, state, national or international law;
o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by mimicat.com;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one sites;
x) attempt to gain unauthorized access to mimicat.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the mimicat.com website; or
y) use any form of automated device or computer program that enables the submission of postings on mimicat.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular, irregular or random intervals.
z) use any form of automated device or computer program ("flagging tool") that enables the use of mimicat.com's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local, state, national, international rules or laws regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the Services may be subject to the export and import laws of many countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Services to parties identified on such lists; (b) agree not to use the mimicat.com Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of export laws of any country; (c) agree not to transfer, upload, or post via the mimicat.com Services any software, technology or other technical data in violation of all applicable export or import laws of any country.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
DESCRIPTION OF mimicat.com SERVICES
mimicat.com provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "mimicat.com Services"). You also understand and agree that the mimicat.com Services may include advertisements and that these advertisements are necessary for mimicat.com to provide the mimicat.com Services. You also understand and agree that the mimicat.com Services may include certain communications from mimicat.com, such as service announcements, administrative messages and the mimicat.com newsletter, and that these communications are considered part of mimicat.com membership or users and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current mimicat.com Services, including the release of new mimicat.com properties, shall be subject to the TOS. You understand and agree that the mimicat.com Services is provided "AS-IS" and that mimicat.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the mimicat.com Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the mimicat.com Services. You understand that the technical processing and transmission of the mimicat.com Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
LIMITATIONS ON SERVICE
You acknowledge that mimicat.com may establish general practices and limits concerning use of the mimicat.com Services, including without limitation, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the mimicat.com Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service, the maximum disk space that will be allotted on mimicat.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the mimicat.com Services in a given period of time. You agree that mimicat.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the mimicat.com Services. You acknowledge that mimicat.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that mimicat.com reserves the right to modify these general practices and limits from time to time.
ACCESS TO THE SERVICE
mimicat.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by mimicat.com. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
mimicat.com permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). You may also create a hyperlink to the home page of mimicat.com sites so long as the link does not portray mimicat.com, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by mimicat.com immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the mimicat.com Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from mimicat.com.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the mimicat.com Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that mimicat.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the mimicat.com Services.
NO COMMERCIAL REUSE OF mimicat.com SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the mimicat.com Services (including Content, advertisements, Software and your mimicat.com ID).
MODIFICATIONS TO mimicat.com SERVICES
mimicat.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the mimicat.com Services (or any part thereof) with or without notice. You agree that mimicat.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the mimicat.com Services (or any part thereof).
TERMINATION OF SERVICE
You agree that mimicat.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason, including, without limitation, if mimicat.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that mimicat.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
You may terminate your mimicat.com account, any associated email address and access to the mimicat.com Services by submitting such termination request to mimicat.com.
You agree that mimicat.com may, without prior notice, immediately terminate, limit your access to or suspend your mimicat.com account, any associated email address, and access to the mimicat.com Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the mimicat.com Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the mimicat.com Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in mimicat.com's sole discretion and that mimicat.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the mimicat.com Services.
Termination of your mimicat.com account includes any or all of the following: (a) removal of access to all or part of the offerings within the mimicat.com Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the mimicat.com Services.
You agree to indemnify and hold mimicat.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of Content you browse, read, submit, post, transmit, modify or otherwise make available through the mimicat.com Services, your use of the mimicat.com Services, your connection to the mimicat.com Services, your violation of the TOS, your violation of any rights of any parties, or your violation of any local, national or international laws.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of mimicat.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of mimicat.com, and agree to abide by any and all copyright notices displayed on the Service. You may not de-compile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. mimicat.com is a registered mark in the U.S. Patent and Trademark Office.
By posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to mimicat.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant mimicat.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
You acknowledge and agree that the mimicat.com Services and any necessary software used in connection with the mimicat.com Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the mimicat.com Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by mimicat.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the mimicat.com Services, such Content or the Software, in whole or in part.
mimicat.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the mimicat.com Services. You agree not to access the mimicat.com Services by any means other than through the interface that is provided by mimicat.com for use in accessing the mimicat.com Services.
You agree that all of mimicat.com’s trademarks, trade names, service marks and other mimicat.com logos and brand features, and product and service names are trademarks and the property of mimicat.com Inc. Without mimicat.com's prior permission, you agree not to display or use in any manner the mimicat.com Marks.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE mimicat.com SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE mimicat.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, mimicat.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE mimicat.com SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, mimicat.com DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE mimicat.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE mimicat.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, mimicat.com DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE mimicat.com SITE OR THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE mimicat.com SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE mimicat.com SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. mimicat.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
mimicat.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE mimicat.com SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE mimicat.com SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE mimicat.com SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE mimicat.com SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE mimicat.com SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mimicat.com OR THROUGH OR FROM THE mimicat.com SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE mimicat.com SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE mimicat.com SERVICE. IMMEDIATELY DISCONTINUE USE OF THE mimicat.com SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE mimicat.com SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL mimicat.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF mimicat.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE mimicat.com SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR NON-USE OF THE mimicat.com SITE OR THE SERVICE, FROM INABILITY TO USE THE mimicat.com SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE mimicat.com SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE mimicat.com SITE OR THE SERVICE OR ANY LINKS ON THE mimicat.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE mimicat.com SITE OR THE SERVICE OR ANY LINKS ON THE mimicat.com SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT mimicat.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF mimicat.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE mimicat.com SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE mimicat.com SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE mimicat.com SERVICE.
mimicat.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the mimicat.com Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the mimicat.com Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the mimicat.com Services in an authorized manner.
Entire Agreement. The TOS constitutes the entire agreement between you and mimicat.com and governs your use of the mimicat.com Services, superseding any prior version of this TOS between you and mimicat.com with respect to the mimicat.com Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other mimicat.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and mimicat.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and mimicat.com, shall be brought exclusively in the courts located in Massachusetts. You and mimicat.com agree to submit to the personal jurisdiction of the courts located within the State of Massachusetts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of mimicat.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your mimicat.com account is non-transferable and any rights to your mimicat.com ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the mimicat.com Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
LANGUAGE OF THE TERMS
Where mimicat.com has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with mimicat.com. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.