Terms & Conditions
Subject to your acceptance of and continuing compliance with the Terms, we grant you a non-exclusive, non-transferable, non-assignable (without right to sublicense) and revocable limited license to install and use the Applications and related software solely in machine executable object code form (excluding source code) for your personal, non-commercial use, and not for the benefit of any third party, on your personal computer or mobile device(s) of which you are the primary user. We own and operate the Applications. You agree not to use the Applications for any other purpose, or to copy, reproduce, alter, modify or distribute the content of the Applications except as specifically permitted herein. We reserve all rights not granted herein.
1.2 We reserve the right, at our sole discretion, to add, change, modify or remove portions of the Terms in any way and at any time. However, no amendment to the Terms shall apply to a dispute of which we had actual notice before the date of the amendment.
1.3 We will notify you of any modifications to the Terms by posting them on your Application distributor’s website. You agree that you will periodically check your Application distributor’s website for updates to the Terms. You agree that you will be considered to have been given notice of any modifications once we post them on your Application distributor’s website and that your continued use of the Applications after such notice is posted shall be deemed your acceptance of the Terms as modified.
1.5 We reserve the right to suspend or discontinue the Applications or to modify the Applications’ content in any way and at any time without liability, with or without notice to you.
1.6 We may also impose limitations on certain features and services or restrict your access to portions or all of the Applications without notice or liability.
1.7 You also agree to be bound by any application, forum, or game specific rules published within the Applications.
1.8 Your use of the Applications is conditioned upon your compliance with the Terms, and any use of the Applications in violation of the Terms will be regarded as an infringement of our intellectual property rights in and to the Applications. We reserve the right to terminate your access to the Applications without notice if you violate any of the Terms.
1.9 You represent and warrant that (i) you are an individual (not a corporation) and are 13 years old or older; if you are between the ages of 13 and 18, you represent that you have obtained the consent of your parent or legal guardian and the Terms have been reviewed and agreed by them; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Applications and are fully responsible for the selection and use of and access to the Applications. The Terms are void where prohibited by law, and the right to access the Applications is revoked in such jurisdictions.
2.1 All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Miinu game client, and the Miinu game clients and server software) are owned by Miinu. Miinu reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
2.2 You do not acquire any of our ownership rights by using the Applications, downloading material from or uploading material to the Applications, or by purchasing any virtual goods therein.
2.3 You shall comply with all trademark rules, copyright notices, information and restrictions contained in any content accessed through the Applications. You agree not to broadcast, copy, create derivative works based on, display, license, modify, participate in the transfer or sale of, perform, publish, redistribute, reproduce, translate, transmit, upload or otherwise exploit for any purposes whatsoever any content or material from the Applications, except as expressly permitted herein, without our express prior written consent.
2.4 You acknowledge and AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Miinu Limited.
2.5 Virtual Items
Miinu owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Miinu games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Miinu game, whether earned in a game or purchased from Miinu , or any other attributes associated with an Account or stored on the Service.
2.6. User Content
Miinu Terms of Service
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
1.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Miinu policies, Miinu grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
You shall not create an Account or access the Service if you are under the age of 13; You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instrument (e.g. paypal) by minors.
You shall not have more than one Account at any given time, sell or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by Miinu, or previously been banned from playing any Miinu game;.
You shall use your Account only for non-commercial purposes; You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;
Username and Password
During the Account creation process, you will be required to select a password (“Login Information”). You shall not share the Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Miinu and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.
Miinu reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that Miinu deems to be in conflict with the spirit or intent of the Service or make improper use of Miinu’s support services.
Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service, any Miinu Game or any Miinu game experience or without Miinu’s express written consent, modify or cause to be modified any files that are a part of the Service or any Miinu game.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Miinu game environment.
Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Miinu, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Miinu employees, including Miinu’s customer service representatives.
Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Miinu employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Miinu game, or to obtain any information from the Service or any Miinu game using any method not expressly permitted by Miinu.
Solicit or attempt to solicit personal information from other users of the Service or any Miinu game or collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
Miinu reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Miinu reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Miinu MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO Miinu SERVICES OR PORTIONS THEREOF IF YOU ARE, OR Miinu SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND Miinu IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Miinu RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Miinu reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Miinu shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process described on our support page located at https://support.Miinu.net/ informing Miinu that you wish to terminate your Account.
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Miinu game client, and the Miinu game clients and server software) are owned by Miinu. Miinu reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Miinu.
2.3. Virtual Items
Miinu owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Miinu games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual goods or currency appearing or originating in any Miinu game, whether earned in a game or purchased from Miinu, or any other attributes associated with an Account or stored on the Service.
2.4. User Content
3. USER CONTENT
3.1. Content Screening
Miinu assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Service. At our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
If at any time Miinu chooses, in its sole discretion, to monitor the Service, Miinu nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Miinu cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Miinu shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Miinu may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Miinu violates these Terms of Service.
You hereby grant to Miinu an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Miinu the right to authorize others to exercise any of the rights granted to Miinu under these Terms of Service. You further hereby grant to Miinu the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in
connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Miinu does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. Miinu has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
3.4. User Interactions
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or Miinu games. Miinu reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Miinu to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Miinu access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
5. FEES AND PURCHASE TERMS
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or diamonds, all for use in Miinu games; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits.
Miinu may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Miinu shall have no liability to you or any third party in the event that Miinu exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to Miinu , another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Miinu games is a service provided by Miinu that commences immediately upon acceptance by Miinu of your purchase.
5.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Miinu may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT MIINU IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. USER GENERATED CONTENT
4.1 The Applications may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us and/or to or via the Applications, including, without limitation, comments, data, graphics, images, personal information, photographs, sounds, suggestions, text, writings or other material (collectively “User Content”). Any material you transmit to us will be treated as non-confidential and non-proprietary. We cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not post it on the Applications. We shall not be responsible for evaluating, using or compensating you for any ideas or information that you may choose to submit..
4.2 If you submit suggestions, proposals, comments or other materials (collectively “Submissions”) within the Applications you understand and agree that we (i) have no obligation to keep your Submissions confidential; (ii) have no obligation to return your Submissions or respond in any way; and (iii) may use your Submissions for any purpose in any way without notice or compensation to you. We are not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs and chat rooms.
4.3 You are solely responsible for the information that you post on, through or in connection with the Applications and that you provide to others. You represent and warrant that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in the Terms without us incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
4.4 By submitting or transmitting any User Content while using the Applications, you affirm, represent and warrant that such submission or transmission is (i) accurate and not confidential; (ii) free of viruses, adware, spyware, worms or other malicious code; and (iii) not in violation of any applicable laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property are in the User Content.
4.5 You grant to us the unrestricted, unconditional, unlimited, worldwide, irrevocable, transferable, perpetual fully-paid up and royalty-free, non-exclusive and unlimited right and license to adapt, archive, broadcast, cache copy, commercialize, create derivative works of, disclose, distribute, enter into computer memory, excerpt, fix, host, improve, introduce into circulation, lease, manufacture, modify, publicly display, publicly perform, publish, re-format, re-title, rent, reproduce, resell, sell, store, sublicense, transfer, translate, transmit, use, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats, on or through any and all media, software, formula or medium now known or hereafter known or discovered, and with any technology or devices now known or hereafter developed and to advertise, market and promote the same.
4.6 To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content.
4.7 The license you grant us to use your User Content terminates when you remove or delete your User Content or you close your account, unless your User Content has been shared with others, and they have not removed or deleted it. However, you understand and accept that any removed or deleted content may remain in back-up copies for a reasonable period of time.
4.8 We have no obligation to monitor any User Content or enforce any intellectual property rights that may be associated with your User Content, but we are entitled to enforce such rights through any means as we deem fit, including taking and controlling actions on your behalf. We reserve the right to limit the storage capacity of the User Content that you post on, through or in connection with the Applications.
4.9 We have no obligation to accept, display, review, monitor or maintain any User Content. If we choose at any time, in our sole discretion, to monitor the Applications, we have the right, in our sole discretion, to remove or delete User Content from the Applications without notice to you for whatever reason at any time. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring and recording. We may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that we reserve the right to treat User Content as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth in Section 6 below when violations are brought to our attention.
4.10 You acknowledge that you do not rely on us to monitor or edit the Applications and that the Applications may have content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
4.11 You also understand that we cannot guarantee (i) the identity of any other users with whom you may interact in the course of using the Applications; and (ii) the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Applications is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
5. DISCLAIMER OF WARRANTIES
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER OR DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE APPLICATIONS; WHAT CONTENT YOU ACCESS THROUGH THE APPLICATIONS; HOW YOU MAY INTERPRET, USE OR BE AFFECTED BY THE APPLICATIONS OR THE CONTENT ACCESSED THEREIN; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE APPLICATIONS. YOU HEREBY RELEASE US FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED ANY CONTENT THROUGH THE SOFTWARE. THE APPLICATIONS MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE APPLICATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. THE APPLICATIONS ARE PROVIDED ON AN “AS IS” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE ARE NOT LIABLE FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. WE PROVIDE THE APPLICATIONS ON A COMMERCIALLY REASONABLE BASIS AND DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE APPLICATIONS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) WARRANT THAT THE APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO THE SUBJECT MATTER OF THE TERMS AND THE USE OF, OR INABILITY TO USE, THE APPLICATIONS UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APPLICATIONS.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATIONS AND OPERATORS OF EXTERNAL WEBSITES, AND THAT THE RISK OF THE APPLICATIONS AND EXTERNAL WEBSITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN SUCH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE APPLICATIONS AND TO CANCEL YOUR ACCOUNT.
WHILE WE USE COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, WE ASSUME NO LIABILITY FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOOD OR SERVICES, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, AND ANY MATTER BEYOND OUR REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY DAMAGE YOU MAY SUFFER BY USING THE APPLICATIONS WHILE OPERATING A MOTOR VEHICLE, IN VIOLATION OF THE TERMS, ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS), WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING THE APPLICATIONS, CONTENT, SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPICABLE LAW IN SUCH JURISDICTIONS. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY OUR NEGLIGENCE OR FRAUD. WE ALSO DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH US AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7.1 Upon our request, you agree to defend, indemnify and hold Our Parties, their licensors, contractors, vendors, and content providers harmless (including, without limitation, all damages, liabilities, settlements and expenses, including attorneys' fees and costs) from any claim or demand made by any third party arising out of your use or misuse of the Applications, your violation of any term, condition, obligation, representation or warranty in the Terms for which you are responsible, in connection with your distribution of any User Content on or through the Applications, or your infringement of any intellectual property or other rights of any person or entity. Without limiting the generality of the foregoing, you agree to indemnify and hold Our Parties harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use. You agree that you will be personally responsible for your use of the Applications and for all of your communication and activity on or through the Applications, including any User Content you contribute, and that you will indemnify and hold harmless Our Parties from any liability or damages arising from your conduct on the Applications, including any User Content that you contribute.
7.2 We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You acknowledge and agree that the provisions in this Section shall survive any termination of your account(s), the Applications or the Terms.
The Terms shall remain effective while the Applications are being used by you. Your use of the Applications may be terminated at any time by uninstalling them from your computer and/or device. We may terminate or suspend your use or access to any and all Applications immediately, without prior notice or liability, (i) if you breach any of the terms or conditions of the Terms; or (ii) for whatever reason or for no reason, which may result in the forfeiture and destruction of all information associated with your use of the Applications. Any fees already paid by you hereunder are non-refundable. Upon termination of your account, you no long have the right to use or access to the Applications. Any and all provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed or performed after termination of the Terms will survive its expiration or termination and remain binding upon and for the benefit of the parties, their successors and permitted assigns.
9. DISPUTE SETTLEMENT
9.1 If a dispute arises between you and us, we shall provide you with a neutral and cost effective means of resolving the dispute quickly. Therefore, both we and you agree that we will resolve any dispute, claim or controversy at law or equity that arises out of the Terms or the Applications (a “Dispute”) in accordance with this Section or as we and you otherwise agree in writing.
9.2 The Terms and all aspects of the Applications shall be governed by and construed in accordance with the laws of Hong Kong (excluding principles relating to the conflict of laws) regardless of your location. With respect to any Disputes not subject to informal dispute resolution or arbitration (as set out below), you agree not to commence or prosecute any action in connection therewith other than in the courts in Hong Kong, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the Hong Kong courts.
9.3 You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which will cause us irreparable harm and which cannot be readily remedied in monetary damages in an action at law. Accordingly, any breach or anticipatory breach by you shall entitle us, in addition to any claim or award for damages, injunctive relief and other equitable remedies (without the obligations of posting any bond or surety or proof of damages), costs, and reasonable attorney’s fees. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
9.4 To expedite resolution and control the cost of any Dispute, we and you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided in Section 15.6) informally for at least thirty (30) calendar days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other. You will send your notice to Miinu Limited, Rm 1010 Miramar Twr,Kowloon,Tsim Sha Tsui, Hong Kong
9..5 If we and you are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute (except those Disputes expressly excluded in Section 15.6) finally and exclusively resolved by binding arbitration under the UNCITRAL Arbitration Rules, which Rules are deemed to be incorporated by reference into this Section. Any election to arbitrate by one party shall be final and binding on the other. The place of arbitration shall be in Hong Kong at the Hong Kong International Arbitration Centre. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. We and you shall be bound by the award rendered by the arbitrator and judgment thereon may be entered in any court of competent jurisdiction. Any award rendered by the arbitrator shall be final, and neither we nor you shall have any right of appeal.
9.6 We and you agree that the following Disputes are not subject to the above provisions concerning informal negotiations and arbitration:
any Disputes seeking to enforce or protect, or concerning the validity of, any of our or your intellectual property rights;
any Disputes relating to, or arising from, allegations of invasion of privacy, piracy, theft or unauthorised use; and any claim for injunctive relief.
10. Terms Required By Apple
If you obtained the Applications through Apple Inc.’s App Store (“Apple”), you shall comply with the following provisions.
10.1 Both we and you acknowledge that:
◦ the Terms are concluded between you and us only (and not with Apple), and that Apple is not responsible for the Applications or any part thereof;
◦ Apple and Apple’s subsidiaries are third party beneficiaries of the Terms, and that when you accept the Terms, Apple shall be entitled (and will be deemed to have accepted the right) to enforce the Terms against you as the third party beneficiary hereof; and
10.2 You acknowledge and agree that:
◦ we, and not Apple, shall address any claims you or any third party may have on the Applications;
◦ Apple is not responsible for any Applications’ maintenance or support services;
◦ you will only use the Applications on an Apple device that you own or control; and
◦ if there is any third party claim that the Applications or your possession and use of the Applications infringes their intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such claim.
10.3 You should inform Apple if any of the Applications fails to conform to any applicable warranty, including those implied by law; upon notification to Apple, Apple’s only warranty obligation to you is to refund to you the purchase price of the Applications, if any.
10.4 If you use the Applications to provide you with real-time route guidance, you are using this real time route guidance application at your sole risk and you acknowledge that location data may not be accurate.
10.5 You represent and warrant that you are not located in a jurisdiction or country subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” nation, and that you are not listed on any U.S. Government list of prohibited or restricted parties.