TERMS AND CONDITIONS
EFFECTIVE DATE: June 1, 2015
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.miemode.com (the “Site”) or purchasing Products (as defined later) on the Site, you agree to abide by these Terms and Conditions, as may be amended by Miemode, LLC (“Company”) from time to time in its sole discretion. Company will change the effective date of the Terms and Conditions, above, any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at the link on the bottom of the Site. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. PRODUCTS OFFERED ON THE SITE
3.1. PRODUCTS OFFERED. Company may make certain products available to you on the Site, such as digital design files that can be printed on 3D printers (“Digital Designs”) and the M8D Virtual Reality Headset (“M8D Headset”) (collectively, the “Products”). The displaying of Products on the Site is not an offer to sell any such Products. By placing an order through the Site you are submitting an offer to purchase those Products, and any such offers are accepted by Company upon dispatch for delivery, regardless of whether your payment has been processed. Any order acknowledgement communicated to you by email or otherwise is not an acceptance of your offer. If a Product is unavailable or unable to be delivered within the time frame indicated in your order you will be notified. Upon notification, you will have the option to receive a refund or accept the later delivery date. Company reserves the right, without notice, to cancel or reduce the quantity of any order that results, or may result in a violation of these Terms and Conditions.
3.2. DIGITAL DESIGN PURCHASES. Company will provide Digital Design support for thirty (30) days after your purchase of any Digital Design. Company will make every effort to respond to your inquiry in a prompt manner. However, due to the high volume of inquiries, Company does not guarantee a response after the thirty (30) day period.
3.3. USE OF PRODUCTS. All Products purchased on the Site are for your personal, non-commercial, home use only. Company does not transfer either the title or the intellectual property rights to the Products, and Company retains all intellectual property rights therein.
3.4. PAYMENT AND PRICES. All Product prices on the Site are listed in U.S. Dollars. The only methods of payment that Company accepts are those provided on the Site. The price you will be charged for a Product is the price that is listed on the Site for that particular Product on the date you place your order, which excludes any applicable delivery charges and taxes (which will be applied at purchase). Every effort is undertaken to ensure the prices listed on the Site are correct, but pricing errors may occur. In the case of an incorrectly listed price, the price will be corrected and you will be notified. Upon notification, you will have the option to purchase the Product at the corrected price or cancel your order. If Company is unable to contact you, your order will be cancelled.
3.5. PRODUCT DELIVERY. The Products listed on the Site are available for delivery within the United States and internationally. However, certain restrictions may apply to the destination country and you are responsible for determining whether the ordered Products can be shipped to you. Company is not liable for any damages caused by any delay or failure to deliver a Product due to circumstances beyond Company’s reasonable control, including, but not limited to, acts of God, fire, explosion, vandalism, storm, or other similar occurrences, and orders or acts of military or civil authority, or national emergencies, insurrections, riots, terrorism, or wars.
3.6. ORDER CANCELLATION POLICY. At this time, Company is only accepting orders for the M8D Headset. If you wish to cancel an order for a M8D Headset, you must notify Company within thirty (30) days from purchase, via email at the contact information below. There is no guarantee that your order will be canceled if you notify Company within this time frame. If payment was processed for an order of a M8D Headset, you may receive a refund in accordance with the terms and conditions of Section 3.6. All purchases of Digital Designs are final and cannot be cancelled.
3.7. REFUNDS FOR PRODUCTS. If you are not satisfied with a M8D Headset you ordered through the Site, you may return the M8D Headset and receive a refund in accordance with this Section. In order to receive a refund, you must notify Company within thirty (30) days from the date the M8D Headset was received and you are responsible for any return shipping costs or if the M8D Headset is lost during shipping. The refund will not be issued until Company receives the returned Products and your request is processed. No refunds will be issued for built or partially built M8D Headsets, or if contents of the original purchase are missing in your return shipment. All refunds exclude shipping costs of the initial order. Refunds may take up to thirty (30) days from receipt of the returned M8D Headset to be issued.
4. USER CONTENT. You grant Company a license to use the information you post to the Site. By posting, displaying, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, and publicly display such User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using a Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of Products and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to display, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit on the Site. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. COMPANY’S INTELLECTUAL PROPERTY. The Site may contain copyright material, trademarks, and other proprietary information of Company, including, but not limited to, text, graphics, logos, button icons, images, and audio and video clips (“Company’s Intellectual Property”). The collection, arrangement, and assembly of all Company’s Intellectual Property on the Site is the exclusive property of Company. Any trade names or trademarks of Company may not be used in any manner that is likely to confuse consumers or harm Company. Without limitation, all other trademarks, product names, and company names on the Site are the property of their respective owners.
7. INAPPROPRIATE CONTENT. You agree not to display, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your transmission or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
8. COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Products. Company has adopted a policy that provides for the immediate suspension and/or termination of the Site or Products if the rights of Company or of a third party are infringed on or any intellectual property laws or regulations are violated. Company’s policy is to investigate any allegations of copyright and other intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company via email at support@miemode.com.
9. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Site and otherwise refuse to ship Products to you. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your records and personal information on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms and Conditions, furnished Company with false or misleading information, or interfered with use of the Site by others.
10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS. SPECIFICALLY, YOU HEREBY ACKNOWLEDGE THAT ANY OBJECTS 3D PRINTED FROM DIGITAL DESIGNS OFFERED ON THE SITE ARE NOT TOYS, BUT RATHER ART, AND MAY CONTAIN SMALLS PARTS THAT ARE CHOKING HAZARDS TO CHILDREN. ANY SUCH 3D PRINTED OBJECTS ARE NOT INTENDED AS, AND SHALL NOT BE USED AS TOYS FOR CHILDREN 13 YEARS OF AGE OR YOUNGER.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. THIRD PARTY SITES. Company has no control over, and no liability for any third parties whose Internet sites may be linked with the Site. Neither Company nor the Site has control over the content and performance of these third party sites. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. Any violation of system or network security may subject you to civil and/or criminal liability.
14. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your use of the Site and Products, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. COPYRIGHT. All contents of Site or Products are: Copyright © 2014-2015 Miemode, LLC. All rights reserved.
16. GOVERNING LAW. These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, United States, in all disputes arising out of or related to the use of the Site or Products.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE OF INTELLECTUAL PROPERTY. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the Products to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and Products should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
20. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site; and (c) discontinue the Site and/or the availability of Products at any time. Company will change the effective date of the Terms and Conditions, above, any time these Terms and Conditions have been revised or otherwise updated, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. ACKNOWLEDGEMENT. BY USING THE PRODUCTS OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
EFFECTIVE DATE: June 1, 2015
1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.miemode.com (the “Site”) or purchasing Products (as defined later) on the Site, you agree to abide by these Terms and Conditions, as may be amended by Miemode, LLC (“Company”) from time to time in its sole discretion. Company will change the effective date of the Terms and Conditions, above, any time these Terms and Conditions have been changed or otherwise updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found at the link on the bottom of the Site. Company’s privacy policy is expressly incorporated into this Agreement by this reference.
3. PRODUCTS OFFERED ON THE SITE
3.1. PRODUCTS OFFERED. Company may make certain products available to you on the Site, such as digital design files that can be printed on 3D printers (“Digital Designs”) and the M8D Virtual Reality Headset (“M8D Headset”) (collectively, the “Products”). The displaying of Products on the Site is not an offer to sell any such Products. By placing an order through the Site you are submitting an offer to purchase those Products, and any such offers are accepted by Company upon dispatch for delivery, regardless of whether your payment has been processed. Any order acknowledgement communicated to you by email or otherwise is not an acceptance of your offer. If a Product is unavailable or unable to be delivered within the time frame indicated in your order you will be notified. Upon notification, you will have the option to receive a refund or accept the later delivery date. Company reserves the right, without notice, to cancel or reduce the quantity of any order that results, or may result in a violation of these Terms and Conditions.
3.2. DIGITAL DESIGN PURCHASES. Company will provide Digital Design support for thirty (30) days after your purchase of any Digital Design. Company will make every effort to respond to your inquiry in a prompt manner. However, due to the high volume of inquiries, Company does not guarantee a response after the thirty (30) day period.
3.3. USE OF PRODUCTS. All Products purchased on the Site are for your personal, non-commercial, home use only. Company does not transfer either the title or the intellectual property rights to the Products, and Company retains all intellectual property rights therein.
3.4. PAYMENT AND PRICES. All Product prices on the Site are listed in U.S. Dollars. The only methods of payment that Company accepts are those provided on the Site. The price you will be charged for a Product is the price that is listed on the Site for that particular Product on the date you place your order, which excludes any applicable delivery charges and taxes (which will be applied at purchase). Every effort is undertaken to ensure the prices listed on the Site are correct, but pricing errors may occur. In the case of an incorrectly listed price, the price will be corrected and you will be notified. Upon notification, you will have the option to purchase the Product at the corrected price or cancel your order. If Company is unable to contact you, your order will be cancelled.
3.5. PRODUCT DELIVERY. The Products listed on the Site are available for delivery within the United States and internationally. However, certain restrictions may apply to the destination country and you are responsible for determining whether the ordered Products can be shipped to you. Company is not liable for any damages caused by any delay or failure to deliver a Product due to circumstances beyond Company’s reasonable control, including, but not limited to, acts of God, fire, explosion, vandalism, storm, or other similar occurrences, and orders or acts of military or civil authority, or national emergencies, insurrections, riots, terrorism, or wars.
3.6. ORDER CANCELLATION POLICY. At this time, Company is only accepting orders for the M8D Headset. If you wish to cancel an order for a M8D Headset, you must notify Company within thirty (30) days from purchase, via email at the contact information below. There is no guarantee that your order will be canceled if you notify Company within this time frame. If payment was processed for an order of a M8D Headset, you may receive a refund in accordance with the terms and conditions of Section 3.6. All purchases of Digital Designs are final and cannot be cancelled.
3.7. REFUNDS FOR PRODUCTS. If you are not satisfied with a M8D Headset you ordered through the Site, you may return the M8D Headset and receive a refund in accordance with this Section. In order to receive a refund, you must notify Company within thirty (30) days from the date the M8D Headset was received and you are responsible for any return shipping costs or if the M8D Headset is lost during shipping. The refund will not be issued until Company receives the returned Products and your request is processed. No refunds will be issued for built or partially built M8D Headsets, or if contents of the original purchase are missing in your return shipment. All refunds exclude shipping costs of the initial order. Refunds may take up to thirty (30) days from receipt of the returned M8D Headset to be issued.
4. USER CONTENT. You grant Company a license to use the information you post to the Site. By posting, displaying, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, and publicly display such User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using a Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of Products and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to display, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit on the Site. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
6. COMPANY’S INTELLECTUAL PROPERTY. The Site may contain copyright material, trademarks, and other proprietary information of Company, including, but not limited to, text, graphics, logos, button icons, images, and audio and video clips (“Company’s Intellectual Property”). The collection, arrangement, and assembly of all Company’s Intellectual Property on the Site is the exclusive property of Company. Any trade names or trademarks of Company may not be used in any manner that is likely to confuse consumers or harm Company. Without limitation, all other trademarks, product names, and company names on the Site are the property of their respective owners.
7. INAPPROPRIATE CONTENT. You agree not to display, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your transmission or other distribution of any such material using the Site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
8. COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Products. Company has adopted a policy that provides for the immediate suspension and/or termination of the Site or Products if the rights of Company or of a third party are infringed on or any intellectual property laws or regulations are violated. Company’s policy is to investigate any allegations of copyright and other intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) 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; (c) identification of the material that is claimed to be infringed 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 Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company via email at support@miemode.com.
9. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Site and otherwise refuse to ship Products to you. To ensure that Company provides a high quality experience for you and for other users of the Site, you agree that Company or its representatives may access your records and personal information on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms and Conditions, furnished Company with false or misleading information, or interfered with use of the Site by others.
10. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS. SPECIFICALLY, YOU HEREBY ACKNOWLEDGE THAT ANY OBJECTS 3D PRINTED FROM DIGITAL DESIGNS OFFERED ON THE SITE ARE NOT TOYS, BUT RATHER ART, AND MAY CONTAIN SMALLS PARTS THAT ARE CHOKING HAZARDS TO CHILDREN. ANY SUCH 3D PRINTED OBJECTS ARE NOT INTENDED AS, AND SHALL NOT BE USED AS TOYS FOR CHILDREN 13 YEARS OF AGE OR YOUNGER.
11. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PRODUCTS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. THIRD PARTY SITES. Company has no control over, and no liability for any third parties whose Internet sites may be linked with the Site. Neither Company nor the Site has control over the content and performance of these third party sites. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
13. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” or (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. Any violation of system or network security may subject you to civil and/or criminal liability.
14. INDEMNITY. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your use of the Site and Products, your violation of these Terms and Conditions, or your infringement of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
15. COPYRIGHT. All contents of Site or Products are: Copyright © 2014-2015 Miemode, LLC. All rights reserved.
16. GOVERNING LAW. These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Mateo County, California, United States, in all disputes arising out of or related to the use of the Site or Products.
17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. NO LICENSE OF INTELLECTUAL PROPERTY. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
19. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the Products to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site and Products should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
20. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site; and (c) discontinue the Site and/or the availability of Products at any time. Company will change the effective date of the Terms and Conditions, above, any time these Terms and Conditions have been revised or otherwise updated, and the revision shall be effective immediately on such posting. You agree to review these Terms and Conditions and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
21. ACKNOWLEDGEMENT. BY USING THE PRODUCTS OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.