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MiProfile User Agreement
By this User Agreement (“Agreement”), MiProfile LLC, ("Company") a Limited Liability Company Incorporated in the State of Delaware, and the User or Member ("User,"Member") , identified as any individual who accesses or utilizes the MiProfile Website or MiProfile App ("the Product"), agree as follows:
PURPOSE
The Product is a free, electronic, web-based application (“App”), created by the Company, enabling individual Users to create personal or business profiles within which they are able to describe specific information, characteristics and/or share interests and/or preferences unique to themselves that other people need to know about who they are, all under one roof.
Once created, information like statements, data, videos, music, photos and/or images ("Content") can then be shared to any other Member or any Social Media Platforms at the sole discretion of each User.
The sole purpose of the Product is to enable Users’ to accumulate and promote Content online using features like albums, blogs, forums, groups, listings, music, polls, videos and much more, which people can use to help them quickly.
SCOPE AND INTENT
Each User agrees that by creating an account, or by using the Product, they are entering into a legally binding agreement with the Company based on the terms of the within Agreement and will become a User.
By accessing the Product and creating their profile the User acknowledges that they have read and understood the terms and conditions of the within Agreement and agree to be bound by the Agreement and any other document or form that may be designated by the Company from time to time in accordance herewith as forming part of this Agreement.
USER SUBMISSIONS TO THE PRODUCT
A User owns and is solely responsible for any and all Content posted to the Product. As the Company does not control or oversee the Content a User posts, each User acknowledges that the posting of any Content to the Product is done so voluntarily. The User represents and warrants that they are entitled to post the Content submitted and that all Content posted is accurate, non-confidential, is not in violation of any contractual restrictions or international laws and does not infringe any third party rights.
The User represents and warrants that they will not upload or post Content that are threatening, contain nudity, are or may be considered to be pornographic in nature or that encourage or incite violence or hate. The User also represents and warrants that they will not upload any data, content and/or virus that may compromise, impair or disable the proper functioning of the Product.
It is the User’s responsibility to maintain their account to ensure that all Content is accurate and up to date. A User may delete any Content posted by the User on the Product in its entirety at any time. Should a User choose to delete their account, the Company will not be liable if the User’s Content is not deleted in full due to the Content having been saved by another member of the User’s support network or sent to an individual who is not a registered user of the Product or the User’s support network.
SERVICE ELIGIBILITY
To be eligible to use the Product, the User must represent and warrant that they:
USERSHIP
A User owns and bears sole responsibility for their account(s). As between the User and other Users, each User agrees as follows:
INDEMNIFICATION
Each User agrees to indemnify and hold the Company harmless for any and all damages, losses and costs (including, but not limited to, reasonable lawyers’ fees) related to all third party claims, charges and investigations caused by the User’s failure to comply with the within Agreement, including without limitation, any Content posted to the Product that violates third party rights or applicable international laws.
NOTIFICATION AND SERVICE MESSAGES
The Company reserves the right to contact the User from time to time at the email address associated with their account in order to deliver service messages and/or notices regarding the Company and/or the Product.
USER RIGHTS
On the condition that the User comply with all of their obligations under this Agreement, the Company grants the User a limited, revocable, nonexclusive and nonassignable license and right to access the Product, through a generally available web browser or mobile device, in order that the User may view Content and use the Product in accordance with this Agreement.
Any other use of the Product that is contrary to its Purpose (as set out in section 1 above), such as seeking to connect with someone the User does not know or trust or seeking to use information gathered from other Users for commercial purposes without the express authorization of the other Users or the Company is strictly prohibited and considered a violation or breach of this Agreement.
COMPANY RIGHTS
The Company reserves the right to update, improve and/or expand the functionality of the Product. As such, The Company may modify, replace, refuse access to, suspend or discontinue Users and/or the Product, either partially or entirely, at its sole discretion.
Any changes shall be communicated to Users via the email account associated with their account. While the Company does not control or oversee User generated Content, the Company reserves the right to withhold, remove or discard any Content posted to a User’s account, with or without notice to the User, if the content is deemed by the Company to be contrary to the within Agreement and/or any international law. The Company also reserves the right to terminate a User’s account in the event a User is found to have breached any of the terms of the within Agreement.
TERMINATION/DEACTIVATION
Either party may terminate the User’s account, for any or no reason, with or without notice. A User may deactivate their User account and profile page by following the instructions contained within the prompt on the settings page of the Product. Any termination shall be effective immediately. Termination includes disabling the User’s access to the Product as well as to their Account.
COMPANY DISCLAIMER
THE USER ACKNOWLEDGES AND AGREES THAT THE PRODUCT AND USER’S ACCOUNT ARE PROVIDED BY THE COMPANY “AS IS” AND “AS AVAILABLE” AND, TO THE EXTENT PERMITTED BY LAW, WITHOUT WARRANTY BY THE COMPANY OR ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER TO USERS FOR: (1) ANY INTERRUPTIONS OR DISRUPTIONS TO THE PRODUCT OR USER ACCOUNT OR ANY OTHER DAMAGES SUFFERED BY THE USER WHICH ARE CAUSED DIRECTLY OR INDIRECTLY BY ANY FAILURES OF THE PRODUCT; (2) ANY POWER FAILURES; (3) ANY ACTS OR OMISSIONS OF THE USER INCLUDING, WITHOUT LIMITATION, DEFAMATION OR COPYRIGHT INFRINGEMENT; (4) ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ARISING FROM OR IN CONNECTION WITH THE USER’S USE OF THE APP AND/OR THE PRODUCTS; OR (6) ANY TERMINATION OF THE USER’S ACCOUNT.
LIMITATION OF LIABILITY
THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS SHALL NOT BE LIABLE TO THE USER OR ANY OTHER PERSON (EXCEPT FOR PHYSICAL INJURIES AS A RESULT OF NEGLIGENCE) FOR (1) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF DATA, LOSSES RESULTING FROM A THIRD PARTY’S UNAUTHORIZED ACCESS TO DATA, LOSS OF PROFIT, LOSS OF EARNINGS, FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITY, PERSONAL INJURY, DEATH OR ANY OTHER DAMAGE OR LOSS HOWEVER CAUSED, RESULTING DIRECTLY OR INDIRECTLY, OR RELATING, IN ANY MANNER, TO THE TERMS AND CONDITIONS HEREIN OR THE PRODUCT OR (2) DEFAMATION OR COPYRIGHT INFRINGEMENT THAT RESULTS FROM MATERIAL TRANSMITTED OR RECEIVED BY USERS OF THE PRODUCT.
THESE LIMITS APPLY TO ANY ACT OR OMISSION OF THE COMPANY, EMPLOYEES, OR AGENTS, WHICH WOULD OTHERWISE BE A CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER DOCTRINE OF LAW.
DISPUTE RESOLUTION
If any dispute arises out of or in connection with this Agreement, or related thereto, whether directly or indirectly, the Parties must refer the dispute for resolution firstly by way of negotiation and in the event of that failing, by way of mediation and in the event of that failing, by way of Arbitration
The decision of the arbitrator both in procedure and the conduct of the parties during the proceedings and the final determination of the issue shall be binding upon the parties hereto and no appeal shall lie there from.
The costs of the arbitration shall be borne by the parties hereto as may be specified in the decision of the arbitrator. Submission to arbitration pursuant to the provisions of this Article shall be a condition precedent to the bringing of an action with respect to this Agreement.
GENERAL PROVISIONS
ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties with respect to the subject matter of this Agreement and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this instrument which are not expressly set forth herein.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, as applicable.
WAIVER OF DEFAULT
Waiver by the Company of any default by the User shall not be deemed a continuing waiver of such default or a waiver of any other default.
SEVERABILITY
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of the Agreement.
ENUREMENT
This Agreement shall be binding upon and enure to the benefit of the parties and their respective legal successors and permitted assigns.
